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FIFTY YEARS OF PUBLIC LIFE. 



THE 



LIFE AND TIMES 



OF 



LEWIS CASS 



BY W. L G. SMITH. 



mm a ^ortraft on Steel. 




NEW YOEIv: 
DERBY & JACKSON, 119 NASSAU STREET. 

1S56. 



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Entered according to Act of Congress, in the year 1855, 

By W. L. G. smith, 

In the Clerk's Office of the District Court of the United States for the Northern 

District of New York. 



THOMAS A lATHROPS, 
8TEREOTYPERS AND PRINTERS, 
BUFFALO, N. Y. 



X 



^ 



PREFACE. 



The following pages contain the life of an eminent citizen of 
the Kepublic. The compiler's object has been to present him, as 
he moved along, from point to point, in his own thoughts and 
actions. 

Most of General Cass's time has been passed in public occupa- 
tion; and, hence, the propriety of bringing out this work during 
his life-time. 

It is believed that no topic of public concermnent, for fifty 
years past, has been introduced, upon which General Cass has 
not expressed his views. In most instances, official position 
required him to do so. Readers may diifer as to the value of 
these views; but all will concede that his history would be 
imperfect without them. To do justice to him, the compiler, in 
some instances, has presented his entire argument — especially 
upon the British claim to the right of visitation and search. 

Questions of the most exciting character have arisen, to which 
General Cass was necessarily a party. lie never shrinked from 
his just responsibility: but, in so doing, he has often been criti- 
cised, and his opinions and actions, sometimes, roughly assailed. 
In this compilation^ the writer has not avoided these points. 



IV PREFACE. 

Without intention to open afresh any wound that time may have 
healed, events, as they occurred, have been impartially given. 

In short, the intention has been, to give a true and unreserved 
record of the life and times of a man, who has made his way 
through the world and attained a lofty position in its annals, 
unaided by the influence of family or wealth, indebted solely 
to his own judicious efforts and native abilities : thus furnishing 
another example in proof of the priceless goodness of a govern- 
ment that diffuses its blessings upon all alike, the low as well as 
the high — the poor as well as the rich. 



TABLE OF CONTENTS. 



CHAPTER I. 



Introductory — Birth of Mr. Cass — His Ancestors — His Father in the Wars — His Pa- 
rents Emigrate to Ohio — Mr. Cass's Education — Exeter Academy — A Test of 
his Disposition — The Everetts and Daniel Webster — His Health and Amuse- 
ments — Dependent upon his own Resources — Goes South — His Residence iu 
Delaware — School Teaching — Success — Views of Slavery — Crossing the AUe- 
ghanies — Stops at Marietta — Acquaintance with Judge Meigs — Reads Law — Mr. 
Baccus — Admission to the Bar — Professional Life — His Marriage — Blcnnerhas- 
sett — Aaron Burr — Elected Member of Legislature — Burr's Conspiracy — Mr. 
Cass's Action — Mr. Graham — President Jefferson — Mr. Cass appointed Marshal 
— His Success as an Advocate — His Politics — An Important Question — Impeach- 
ment of Judges — Mr. Cass's Argument, 13 

CHAPTER II. 

Indian Confederacy — Tecumseh and the Projihet — Relations between the United 
States and Great Britain — Gov. Meigs's Proclamation — War of 1812 — Mr. Cass's 
Views — Volunteers his Services — Commissioned Colonel — His Speech to the 
Troops at Dayton — Its Effect — General Hull — Plan of the Campaign — Rendez- 
vous at Urbana — March to the Maumee — Hardships and Trials — Declaration of 
War — Disaster on Lake Erie — Council of War — Col. Cass present — Advises the 
Invasion of Canada — Disinclination of Gen. Hull — Advice of Col. Cass adopted 
— Passage of Detroit River — Landing in Canada — Hull's Proclamation — Col. 
Cass urges prompt movement on Maiden — Hull's Delay — Col. Cass visits Mai- 
den with Flag of Truce— Return to Camp — Leads a Detachment against the 
Enemy — The Engagement at the Aux Canards — His Heroic Conduct — His Re- 
port to Hull— Col. Cass's Courage— Hull's Timidity, 33 

CHAPTER III. 

Armistice on Ifiagara Frontier— Hull favors the Re-crossing of Detroit River— Col. 
Cass Remonstrates — Battle of Brownstown — Evacuation of Canada — Engage- 
ment in the Woods of Maguaga — Col. Cass volunteers to lead a Detachment 



VI CONTENTS. 

through the Wilderness to the River Raisin — Gon. Brock's arrival at Sandwich— 
Summons the American Fort at Detroit — Bombardment — Hull's Surrender — In- 
dignation of Col. Ca8S and the Troops — His return from the River Raisin — Dis- 
positiou to Fight — Breaks his Sword, 41 

CHAPTER IV. 

Gen. Brock's surprise at his Success — His Report — Col. Cass a Prisoner of War — On 
his Parole — Interview with Gen. Brock at Maiden — Geu. Hull ordered to Mon- 
treal — His Report — Effect of the News — The Ohio Volunteers on Parole — Reach 
Cleveland — Col. McArthur, senior officer, orders Col. Cass to Washington — Col. 
Cass departs — Sickness at Martinsburgh — The War Department Informed — Mes- 
senger despatched — Col. Cass reaches Washington — His Official Letter — Hia 
Return to Marietta — His Conduct — Opposition to his Report — Mr. Rush — Col. 
Cass's Letter to the Editor of the National Intelligeucer — Mr. Eustis — His Clerk 
— False Impressions, 48 

CHAPTER V. 

Action of War Department — Of Congress — General Assembly of Ohio — Confidence 
in Col. Cass — Colonel in U. S. Army — Raises a Regiment — Elected Major General 
of the Militia — Appointed Brigadier General in U. S. Army — Joins the Army, 
under Gen. Harrison at Seneca Town — Ardor of his Command — Gen. Harrison's 
Confidence in him — The Enemy at Lower Sandusky — Major Croghan — His Gal- 
lant Defence — Artifice of the British Officers — Gen. Harrison marches to Sandus- 
ky — Perry's Victory — Embarkation on Lake Erie — Harrison assigns Command 
of the debarkation to Gen. Cass — Arrival at Maiden — Proctor's Retreat — Council 
of War — Pursuit of Proctor — Battle of the Thames — Defeat and Flight of Proctor 
— Pursued by Gen. Cass — Harrison's Testimony to Gen. Cass's Personal Exer- 
tions — His Bravery, 66 

CHAPTER VI. 

Gen. Cass in Command of the North-western Frontier — Fixes his Head Quarters at 
Detroit — Letter from Gov. Meig.s— Surprise of Gen. Cass— Appointed Governor of 
the Territory of Michigan— Acceptance— Resigns the Office of Marslial— Sum- 
moned to Albany as a Witness on Hull's Trial— His Journey — Cuts open the 
Mail Bags — Reports the Burning of Bufiiilo, from Cold Spring— Incident at the 
Genesee River, near Rochester— Arrival at Albany— His Testimony— The Char- 
ges—Sentence of the Court Martial — President's Action — An Examination of the 
Trial, its Proceedings, and Hull's Defence — His ImbeciUty, 81 

CHAPTER VII. 

Gen. Cass returns to Detroit— Situation of the Fortress— Resigns the Command of 
Brigadier General— Superintendent of Indian Affairs— His Policy— Appointed 
Commissioner to Treat with the Indians— Holds a Treaty at Greenville— Sur- 



CONTENTS. Vll 

rounded by Five Thousand Indians — Their Threats — His Intrepidity — The Trea- 
ty — Sends Reiuforcements to Gen. Brown — The Inroads of Hostile Indians 
— He disperses them — His Pet Indians — Colonel James — Correspondencn — • 
Gen. Cass's rejection of British Interference in the Civil Affairs of Michi- 
gan — Treaty of Peace — Removal of his Family to Detroit — British Arrogance 
— Boarding of American Vessels — Gen. Cass Remonstrates — Its Effect, 97 



CHAPTER VITI. 

The North-west Territory — Civil Government of Michigan — Land Titles — Condition 
of Michigan at close of the War — Currency — Extent of the Territory — Gen. 
Cass feels the Responsibility of his Position — Imputed Frauds on the Indians — 
How he performed his Duties — Appointed to treat with Ohio Tribes of Indians — 
Treaty of Fort Meigs — Aversion of the Chiefs to Remove — "Wisdom of Commis- 
sioners — Large Cession — Military Road — The detroit Gazette — The People 
against a Change of Government — Public Survey — Emigration into the Territory 
— The Six Nations — Gen. Cass's views of the duties of an Indian Commissioner — 
Negotiates a Treaty at St. Mary's — Council at Saginaw — His Popularity with 
the Indians — Election of Delegate to Congress — Its Benefits, 106 

CHAPTER IX. 

Gen. Cass's Indian Superintendency Extended — His views of Governmental Policy 
— He recommends a Peaceful Expedition into the Superior Country — His Let- 
ter to Secretary of War — The Secretary's Reply — Expedition — Plaster of Paris 
Discovered — His Letter upon the Subject — Ordered to Procure Cessions of Land 
at Sault St. Marie — Departure of Expedition — Arrival at the Sault — Indian 
Council — Gen. Cass's Fearlessness — His Success — Journey to the Sources of the 
Mississippi — Return — Report to the War Department, 117 

CHAPTER X. 

Progress of Settlement — Land Sales — Gen. Cass's Purchase — Scarcity of Roads — 
Public Surveys — The Population of Michigan — Extinguishment of Indian Title — 
His Journey to Chicago — Treaty with the Indians — He prohibits the Use of 
Whisky — The Pardoning Power — New Counties — Public Conveyances — Travel- 
ers — He recommends a Change of Government — Legislative Council, 141 

CHAPTER XI. 

First Session of Legislative Council — Gen. Cass Delivers his Message — His recom - 
mendations — His views of Political Power — Of Schools and Education — The 
Copper Mines — Treaty with the Chlppewas — Council of Prairie du Chien — Gen. 
Cass's Prudence and Tact — The Gopher — Hunter's Narrative — Its Exposure — 
The Customs and Traits of the Indians — Their Language, Religion, and Depopu- 
lation — Gen. Cass's Description, 143 



VUl CONTENTS. 



CHAPTER XII. 



The Year 1826— Gen. Cass again traverses the Lakes— Holds an Indian Council at 
Fon Du Lac— Indians Appear with the British Flag— A Treatj^ Concluded— 
Repairs to the Wabash — In Council with Pottawatomies and Miamies — His 
Speech to them— Concludes Treaties— The Legislature— Territorial Boundaries— 
The Message— Accountability of Public Officers— Qualifications Requisite- 
Democratic Tone of his Messages, 174 



CHAPTER XIII. 

Another Negotiation with the Indians — Journey to Lake Winnebago — Hostile Feel- 
ing among the Winnebagoes — Descends the Wisconsin River — Personal Danger 
at an Indian Village — Providential Escape — Attack on the Miners— War Messa- 
ges — Gen. Cass organizes the Miners for Defence — Alai'm at Fever River — He 
hastens to St. Louis — Gen. Wilkeson orders on Troops — Rapidity of Gen. Cass's 
Movements — Arrival at Green Bay — Treaty of Butte De Morts — Singular Occur- 
rence — Cause of Indian Difficulties — British Agents — The North American Re- 
" view — Article of Geu. Cass, 185 



CHAPTER XIV. 

Effect of the Article in the Review — The Lake Communication — Gen. Cass's Literary 
Efforts — Treaty of Green Bay — His Labors — Historical Society of Detroit — His 
Address — Hamilton College — Oration before the Alumni — Degree of LL. D. 207 



CHAPTER XV. 

Gen. Cass resigns the Office of Governor — President Jackson invites Gen. Cass to 
the Head of the War Department — His Acceptance — Public Demonstration at 
Detroit — Address of Major Biddle in behalf of People of Michigan — The Reply 
— The Congratulations, 031 



CHAPTER XVI. 

Gen. Ca.ss assumes the Duties of Secretary of War — The Cabinet — Reforms Introduced 
— His Family — His Indian Policy — His First Report — Indian Difficulties in Geor- 
gia — Gen. Cass reviews the Decision of the Supreme Court — Its Influence, 239 



CHAPTER XVII. 

Black Hawk War — Peace — Treaties of Cession with the Winnebagoes, Sacs and 
Foxes — Gen. Cass's efforts to effect Reforms in the Army — The United States 
Bank— Nullification— Letters to Gen. Scott — The Action of South Cii-olina — 
Letter to Mr. Ritchie— The Virginia Legislature — The Mission of Mr. Leigh— 
The Happy Termination, 263 



CONTENTS. IX 

CHAPTER XVIII. 

Gen. Cass calls the attention of Congress to Intemperance in the Army — Richard 
M. Johnson moves formation of National Temperance Association — State of 
Society in Washington — Gen. Cass invited to deliver an Address in the Capitol 
— Accepts — Extracts from the Address — Entire Interdiction — Gen. Jackson Re- 
inaugurated — Gen. Cass ofFtirs to Vacate — Gen. Jackson refuses Permission — 
The Alabama Trouble— Letters, 276 



CHAPTER XIX. 

Removal of theDeposites — Popularity of the Administration — Mr. Clay's Resolutions 
— Their Effect on Gen. Jackson's Mind — The American Historical Society — Gen. 
Cass delivers an Oration — Extracts — The Auditory — Their Feelings on the Oc- 
casion, 283 



CHAPTER XX. 

The Florida "War — Its Origin — Its Conduct, ■whilst Gen. Cass was Secretary of "War 
— An Examination of Testimony given before a Military Court of Inquiry at 
Frederick 296 

CHAPTER XXI. 

Battle of New Orleans — Intimacy between Gen. Jackson and Gen. Cass — The Latter 
at the Request of the Former prepares an Authentic Account of the Battle — Ap- 
pears in the Democratic Review — Defences of the Country — Gen. Cass's Report 
on the Subject, 314 

CHAPTER XXII. 

Gen. Cass's Health — Desire to leave the Cabinet — Accepts the French Mission — 
Voyage across the Atlantic — Reception at the Court of St. Cloud — Gen. Cass as 
a Diplomatist — His Duties — His Memoranda of Court Customs — French Life — 
An Emeute — French Manners — French Knowledge, 323 

CHAPTER XXni. 

Gen. Cass visits Italy — Greece — Egypt — Syria— His Tour — His Memoranda — Gen- 
eral Reflections — His return to Paris, 337 

CHAPTER XXIV. 

Gen. Cass resumes his Official Duties — His Position at Court — Intimacy with the 
King — Jealousy of England — His Memoranda Relative to Louis Philippe, his 
Court and Government — The Reasons for Publication — Charges made against 
Gen. Cass Examined— Their Refutation, 374 



CONTENTS. 



CHAPTER XXT. 



Ambition of England — Quintuple Treaty — The Chamber of Deputies — Gen. Cass 
Determines to Resist the Treaty, 399 

CHAPTER XXVI. 
The Appeal of Gen. Cass to the People of France, 403 

CHAPTER XXVII. 

Gen. Cass protests to the French Government — Notifies the Secretary of State — 
Treaty not Ratified — His Course approved by the President — The Protest to the 
French Government, 428 

CHAPTER XXVIII. 

Disappointment of England — The Washington Treaty — Gen. Cass resigns his Mis- 
sion — The Correspondence — England's Construction of the Treaty, 435 

CHAPTER XXIX. 

Gen. Cass retires from the French Court — Public Dinner — Arrival at Boston — En- 
thusiasm of the People — Tlieir Address to Gen. Cass — Arrival at New York — 
Public Demonstration — Letter of Mr. Dickerson — Gen. Cass's Reply — The Pub- 
lic Press — Arrival at Washington — Tour to Detroit — Reception at Home,.. 481 

CHAPTER XXX. 

Private Aflfiiirs — Gen. Cass's Pecuniary Troubles — His Wish — Named for the Presi- 
dency — Letter to the Indiana Committee — The Cincinnati Meeting — Gen. Jack- 
sou's Letter, 488 



CHAPTER XXXI. 

Gen. Cass delivers an Oration at Fort Wayne — The Celebration — Preparations for 
the Presidential Election — The Candidates — The Texas Question — Gen. Cass's 
Views — The National Democratic Convention of 1844 — Letter of Gen. Cass to 
the Delegates from Michigan — The Whig Convention — The Democratic Ticket- 
Support of Gen. Cass— The Result, 496 



CHAPTER XXXII. 

Gen. Cass Elected Senator — President Polk — His Message — The Monroe Doctrine- 
Gen. Cass's Views — His Speech in the Senate., 509 



CONTENTS. XI 

CHAPTER XXXIII. 

The Oregon Question— Gen. Cass addresses the Senate— His Opinions— Extracts 
from his Speech— His Reply to Cftl. Benton- The Treaty of Oregon— The Sen- 
ate in Executive Session, 515 



CHAPTER XXXIV. 

National Fortifications— Unsatisfactory Relations with Great Britain— War with 
Mexico— The Three Million Bill— The Sabbath— Wilmot Proviso— President's 
Recommendation- Gen. Cass advocates Appropriations — Extracts from his 
Speech — For Vigorous Prosecution of the War, 583 

CHAPTER XXXV. 

Prospects of Peace— The Three Million Bill again— Wilmot Proviso again— Gen. 
Cass on the Proviso — Peace with Mexico — The Nicholson Letter — Its effect on 
Public Opinion, 601 

CHAPTER XXXVI. 

Harbor Appropriations — Views of Gen. Cass — The Chicago Convention — The Famous 
Letter- Gen. Cass's Official Acts for Harbor and other Public Improvements- 
His Speeches and Votes — His Vindication, 619 

CHAPTER XXXVII. 

Foreign Governments — Gen. Cass's Sympathies with the King-ridden People — Aus- 
tiian Intercourse — Gen. Cass favors Suspension — Extracts from his Speech — Ire- 
land — The Distress of the People — Gen. Cass moves an Appropriation in their 
behalf — His Relations with Mr. Polk's Administration — Yucatan, 637 



CHAPTER XXXVIII. 

The Baltimore Convention of 1848 — The New York Difficulties — Gen. Cass again 
Named for the Presidency — His Nomination — Resigns his Senatorship — The 
Canvass before the People— The Buffalo Convention— The Clay Letter of 1825— 
The Result, 648 

CHAPTER XXXIX. 
Re-election to the Senatorship — Gen. Cass proceeds to Washington — Reception in 
New York City — Campbell P. White and others Address him — Invited to a 
Public Dinner — His Letter of Declension — In the Senate again — Wilmot Pro- 
viso — Instructed to vote for it — Declines — Instruction repealed — Gen. Cass's 
Motives Impugned — Charged witli Inconsistency — The Refutation, 662 



Xll CONTENTS. 

CHAPTER XL. 

The Compromise Measures — Committee of Thirteen — The Report — The Debate— 
The Union Party, * 694 



CHAPTEE XLI. 

Opposition to the Compromise Measures — California — Public Meeting in New York 
— Gen. Cass Present — What he said to the People — How they received it — Re- 
elected Senator for Six Years, 709 



CHAPTER XLII. 

Gen. Cass again at his Post — Preparations for another Presidential Contest — Gen. 
Cass a Candidate — His Friends — The Nominating Canvass — Baltimore Conven- 
tion—The Result— The Cuban Question— The Views of Gen. Cass, 717 



CHAPTER XLIII. 

President Pierce — His Inaugural — The Nebraska-Kansas Bill — Gen. Cass's Position, 
Views, and Votes — The attack of Col. Benton — Gen. Cass repels it— His Speech 
—Extracts, 727 

CHAPTER XLIV. 

Gen. Cass's Aversion to everything British — The Second War — The Clayt'/n-Bul- 
wer Treaty — The Homestead Bill — The Employment of Indians — The Anglo- 
-- French Declaration — Slavery again — Legislative Instructions — The Senator's 
Reply — Know Nothingism — Age of Gen. Cass — His Habits — Residence — Death 
of !Mrs. Cass — Gen. Cass's Private Affairs — His Property — His views of the 
Past and Future — The Termination, 748 



LIFE AND TIMES 



OF 



LEWIS CASS. 



CHAPTEK I. 

Introductory — Birth of Mr. Cass — His Ancestors — His Father in the 'Wars — His Parents emigrate to 
Ohio — Mr. Cass' Education — Exeter Academj' — His Disposition — The Everetts and Daniel Webster 

His Health and Amusements — Dependent on his own Resources — Goes South — His Residence in 

Delaware — School Teaching — Success — Views of Slaverj- — Crossing the Alleghanies — Stops at Mari- 
etta — Acquaintance with Judge Meigs — Reads Law — Mr. Baccus — Admission to the Bar — Profes- 
sional Life — His Marriage — Blennerhasset — Aaron Burr — Elected Member of the Legislature — 
Burr's Conspiracy — Mr. Cass' Action — Mr. Graliam — President Jefferson — Mr. Cass appointed 
Marshal — His Success as an Advocate — His Politics — An Important Question — ^Impeachment of 
Judges — Mr. Cass' Argument. 

The lives of individuals furnish materials for a histor}^ of the 
nation. Fullness and authenticity are secured, if the events 
■which chequer the career of the actor are compiled during his 
lifetime, fresh from memory. If the history of a nation is worth 
preserving, it is not essential to pause for the purpose of consider- 
ing the propriety or necessity of such compilation, especially if 
the leading incidents are intimately connected with the develop- 
ment of the growth and prosperity of the country. The student 
who reads to gain a mere information of events, as well as the 
philosopher who lays deep the foundation of knowledge, accom- 
plish their several purposes with far greater satisfaction, if, instead 
of being confined to cursory glances and meagre generalities, they 
can go behind the curtain and behold and study at leisure all 
the objects, scenes and details, which fill up the panorama of 
society, and expose to their gaze the springs of change and 
government. 

The following pages will disclose to the reader a minute and 
true history of the life and character of an eminent citizen of the 



14 LIFE AND TIMES 

American Republic. Having occupied, for fifty years, a promi- 
nent and liigldy influential position among liis fellow citizens, and 
taking an active and responsible part in the bold and progressive 
movements of society, the government, and the world, strange in- 
deed would it be if he had not encountered many tempestuous seas 
and experienced the ill-will of rivalry and ambition. Never back- 
ward in a manly expression of his sentiments upon all topics sub- 
mitted to his consideration — whether pertaining to individuals, the 
community in which he lived, or the nation at large — his motives 
and actions have frequently been subjected to the severest canons 
of criticism. But time unravels all things ; and conscious of the 
rectitude of his own purposes, and willing to be tried by this infal- 
lible test of truth, he has moved on in the career of life with 
undisturbed serenity, until he has attained a lofty position in the 
annals of his country. 

In the village of Exeter, in the State of New Hampshire, may 
be seen a small, unpretending, wooden dwelling-house, which has 
withstood the wear of the elements upwards of three-quarters of a 
century. It was occupied, in the year 1782, by Theophilus Gil- 
man, and on the ninth day of October, in that year, in this house, 
Lewis Cass was born. 

His ancestors, on the side of both father and mother, Cass and 
-^ Gilman, were of Puritan descent, tracing their origin to the first 

settlers of New England, and their names are to be found in the 
records of the early colonial proceedings. 

His father, Jonathan Cass, was a fair representative of the sub- 
stantial yeomanry of New England, wlio, struggling with the 
disadvantages of straitened circumstances, and of a very limited 
education, by the power of intellect and force of character, added 
to virtuous principles, attain for themselves, by unceasing exertion, 
an honorable position in life, and only rest from their work until 
they rest in the grave. While a lad, and indeed until the age of 
early manhood, he was employed in the severe labors which at- 
tended the settlement of the country, and during a portion of it, 
in cutting logs and making lumber, then the employment of the 
winter — hard and exposed work — but which furnished almost 
the onl}' article of exportation, suppl^'ing the means of the West 
India trade. It was a harvest, to be reaped only in the cold sea- 
son, when the swamps were frozen, and the ground covered with 
many feet of snow, and when men and cattle were secluded in 



> 



L 



OF LEWIS CASS. 15 

deep forests, encountering hardships and privations, which, if they 
tried the human system, no doubt left a favorable impress upon 
the character of the country. 

AVhen the Eevohition broke out, his fatlier was about nineteen 
years of age. Animated by the spirit of the times, he entered the c 
anny as a private soldier, the day after the battle of Lexington, 
and remained in it until its disbandment, in 1783, when he left it 
a captain, which rank he obtained by his gallantry and good 
conduct. During that period, he was in the battles of Bunker 
Hill, in both the battles of Saratoga, in that of Long Island, of 
"White Plains, of Trenton, of Princeton, of Germantown, of Bran- 
dywine, in the expedition of Sullivan up the Susquehanna into 
the western part of New York, and in almost all the active opera- 
tions of the array in the Northern and Middle States. lie was 
recommended by the New Hampshire delegation in Congress, as 
the first marshal of that State under the Constitution, and, as one 
of the senators wrote to him, tlie question was not, who was the 
man, but will he accept? So many revolutionary officers had, 
however, been appointed, that it was thought best, by General 
Washinirton, not to add to tlieir number. "Without his own 
knowledge, he was appointed a captain in the amiy, upon its 
organisation, and immediately ordered to the West, and for some 
time commanded the fort at the mouth of French Creek, upon the 
Alleghany. 

He afterwards joined Wayne's army, as a major, in command 
of the Third Regiment, and was stationed at Fort Hamilton, the 
site of the present town of that name in Ohio. In 1799, he re- 
signed his military commission, and removed, with his family, to 
"Wakatomaka, upon the Muskingum river, a few miles above 
Zanesville, and esta])lished himself upon a tract of land, in the 
United States Military District, being the first choice which fell 
to him by lot, in the location of the revt)lutionary bounty land 
warrants. Here, for thirty years, he lived the peaceful life of a 
farmer, esteemed and respected, carrying into his retirement the 
fruits of a long and varied experience, an experience aided by 
reading and observation, and by a strong and vigorous intellect, 
and fulfilling the best of all duties, the duties of private life, with 
a purity of purpose and a sense of honor, ever ojierating and never 
questioned. He died in 1830, calmly and resignedly, and watch- 
ing the approaches of death upon the bed of sickness with as little 



L 



/> 



16 LIFE AND TIMES 

fear as lie had encountered them on the battle field. So composed 
was he, that, when the last struggle came, he observed, "This 
then is death ! " and thus he died. 

His venerable consort followed him to the grave in the course 
of two years afterwards. Slie was a native of New Hampsliire, 
of masculine intellect, strictly attentive to the duties of her house- 
hold, and in the absence of her husband in the wars, had the sole 
charge of their family. 

Major Cass was the type of his class ; a representative, and a 
faithful one, of that band of patriots who hazarded all they had 
and all they hoped for, in the great contest into which they entered 
for the assertion of human rights, and for the resistance of foreign 
tyranny. The whole history of human devotedness and exertion, 
contains no chaj^ter equal in patriotism, in courage, in suffering, 
in self sacrifice, in examples of public and of j)rivate virtue, and in 
all the best elements which adorn our nature, to that which records 
the story of the American Revolution. For seven long years, 
against the most powerful nation then on the face of the globe, 
without pay, almost without clothing or provisions, and through 
trials, whose description we may read, but whose extent we can 
never appreciate, did the men of that day maintain their own 
Revolution, and the cause of their country, without the shadow 
of change until the new republic took her station among the inde- 
pendent nations of the world. 

Lewis Cass had two brothers and two sisters, himself being the 
eldest of the five. One of the brothers, Charles L., is dead, and 
held a captain's commission in the United States Army. The 
other brother, George, is a farmer, residing in the town of Dresden, 
in the State of Ohio. The two sisters, Mrs. Silliman and Mrs. 
Munroe, are widows, the former residing in the State of Missouri, 
and the latter in the State of Ohio, All are respected and 
esteemed throughout the circuit of their acquaintance. 

Young Lewis evinced great precocity in acquiring the rudiments 
of education, and showed more fondness for books than for boyish 
amusement. His father having been absent from home for several 
years, engaged in the wars at a trifling pecuniar}^ compensation, 
and that liquidated in exchange for a depreciated currency, was 
without wealth and ill prepared to afford his son the benefit of a 
collegiate education. There was an academy, however, at Exe- 
ter, under the charge of Benjamin Abbott, and the name of young 



OF LEWIS CASS. 17 

Cass was entered upon the roll of its pupils in the year 1792. 
Although scarcely ten years of age, yet such was his disposition 
to acquire knowledge andhecome familiar with the classics of other 
times, that he applied his youthful mind to the labor before him 
with unremitting assiduity ; and what by some is regarded as a 
burthen, to him was a source of j)leasure. The Exeter Academy 
is his Alma Mater. The Principal was an accomplished scholar. 
To a strong intellect, well stored with learning, he added a reason- 
able but rigid discipline for the government of the young minds 
committed to his direction. Young Cass was naturally kind and 
obedient, slow to fancy injuries, but prompt to repel and chastise, 
if in his power, real aggressions. Many incidents are related of 
his academic career, demonstrative of his disposition in this respect. 
He was favored with a robust constitution, and seldom detained 
at home by sickness. He was a descendant of a hardy race. But 
although he had no reason to anticipate disease, yet he had the 
good sense to take proper care of his health, and to refrain from 
an indulgence in those pleasures whose inevitable tendency is to 
weaken, rather than strengthen, both body and mind. The number 
of young men in attendance at the Academy, from Exeter and 
vicinity, was large for those days, and during a portion of the 
time he had for companions at that seat of learning, the distin- 
guished Buckingham and Salstonstall, and Daniel AYebster. The 
latter was esteemed by his associates, but he did not then give 
promise of those commanding powers of intellect which, later in 
life, placed him among the most eminent men of the age in which 
he lived. Dr. Abbott was well qualifiei?, by firmness and discre- 
tion, to exercise a moral power over young men, and by his virtue 
and learning, to prepare them for the duties of life. For more 
than half a century he occupied this station, and then retired 
voluntarily, with the respect of the community and the gratitude 
of all who had enjoyed the benefit of his supervision. Both the 
Everetts— Alexander and Edward— enjoyed the benefits of his 
tutelage. Young Cass remained at the Academy, diligently pur- 
suing the usual course of studies, until 1799, when, in the seven- 
teenth year of his age, he began to look forward to the future, and, 
scanning the various employments of mankind, to determine what 
should he his occupation to gain a livelihood. His father had 
returned from the wilds of the North-western territory, and gave 
a Rowing account of the boundless extent of tillable land, watered 
2 



i. 



18 LIFE AND TIMES 

bj ever-running springs and large rivers, but covered with heavy 
forest trees, and the woods filled with wild beasts, there beins: 
hardly but two spots where the arm of the frontier-men had made 
a clearing and let in the sun, the one at Marietta and the other 
at Cincinnati. The young student had not been accustoujed to 
farming, and believed he should make a sorry business of it if he 
made the attempt, esj)ecially in that for-off region. His father, 
however, with the consent of his mother, had concluded to emigrate 
there 'as soon as was practicable, and settle ujjon land acquired 
by his own bravery. 

Young Cass was thus thrown upon his own resources at this 
early period of his life; but with a well educated mind and healthy 
body, he repined not at his lot, and felt himself equal to the 
emergency. He determined, with the consent of his parents, to 
visit the southern country, and there, by teaching or some other 
respectable employment, earn the means to defray his necessary 
expenses whilst acquiring a sufficient knowledge of the law to enable 
him to practice at the bar of the courts. Accordingly he soon bid 
farewell to the Academy and the companions of his j^outh, and left 
Exeter with his father and family for Wilmington, in Delaware, 
where his father was stationed for a few months for military 
service, and where for a short time Lewis was employed in teaching 
in an academy at that place. He was there when Gen. Wash- 
ington died, and witnessed the burst of grief through the whole 
country, a tribute aa well to his own transcendental worth, as to 
the feelings of the American people. He made several valuable 
personal acquaintances, whose friendship he retained through life. 
The city of Wilmington was j)leasantly situated upon an arm of 
the majestic river which washes the eastern banks of the State in 
its course to the ocean. The surrounding country was in a high 
state of cultivation, and yielded a large revenue to the owners. 
The great thoroughfare leading from Philadelphia to Baltimore, 
passed through Wilmington, and vessels of large toimage, coast- 
wise and foreign, visited its wharves. The plantations were 
covered with slaves, and, for aught that appeared, w^ere content 
with their lot. They loved their masters and mistresses, and were 
treated as part and parcel of the household. So far as his personal 
comforts were concerned, it was a pleasant residence, and he had 
no reason to indulge in gloomy forebodings of the future, or tc 
doubt success and prosperity. But his thoughts were upon the 



OF LEWIS CASS. 19 

Great West ; and wheresoever he might go, he deemed it advis- 
able there to study Ids profession, and pursue his business. He 
had heard so much concerning the country bej^ond the mountains, 
from the lips of his father, had thought so much about it, and 
blessed with a mind capacious enough to grasp its future greatness 
in wealth and power, that he no longer was skeptical of the choice 
his interest required. 

From Wilmington, Major Cass with his family repaired to 
Harper's Ferry, where they resided a brief time, and where Lewis 
often contemplated with admiration the gigantic natural features 
which give interest to that remarkable spot, exploring its recesses 
with ever-increasing admiration. The scenery itself, and Mr. 
Jefferson's graphical description of it, left impressions which time 
has not effaced. Leaving Harper's Ferry, they removed to Win- 
chester, where Lewis often conversed with General Morgan, of 
revolutionary memory, and listened hour after hour to anecdotes 
told by him, and by a Kr. Bush, the innkeeper, of the early life 
and conduct of Washington, who was stationed for some time at 
the fort, whose dilapidated walls were then visible. It was 
impossible to hear these narratives, and witness the interest of the 
speakers, without the conviction that there was something in the 
character and bearing of the great American, which almost in the 
infancy of his career gave the promise of future distinction, as it 
gave the proof of ascendency over his associates and companions. 
From Winchester — hospitable and delightful Winchester, which 
has left pleasant memories of those days — they traveled the route 
known as Braddock's, to Cumberland, and thence across the 
mountains to Pittsburgh. Here Lewis first saw General Harrison, 
who was then on his way to Indiana, of which he had just been 
appointed goTernor by Mr. John Adams. General St. Clair, the 
governor of the jSTorth- western territory, was also there, as was 
also General Wilkeson, at that time the Commissary General of 
tlie Army. General St. Clair was a most interesting relic of the 
revolutionary period ; tall, erect, though advanced in years, well 
educated, gentlemanly, thoroughly acquainted with the world, and 
abounding in anecdotes, descriptive of the men and the scenes he 
had encountered in his eventful career. He had been an officer 
of the British army, before the Eevolution, and had served in the 
campaign under Wolfe, which terminated in the capture of Quebec, 
Resigning his military commission, he established himself at a 



20 LIFE AND TIMES 

vallev ill the mountains oi' Peiirisvlvaiiia, wliere he became a 
pioneer of the settlement. The Revolution found him here, witli 
his plans for life all formed, and with a 'fair prospect for their 
accomplishment. But it called him from his chosen employment, 
and he obeyed the call. His military experience designated him 
as one, to whom the country should look for one of its higher 
officers, and his political sentiments were in unison with those 
which everywhere animated the people. He became a major 
general, and acquired the confidence of Washington. But he 
was unfortunate in the commencement of his service, and the 
misfortune and consequences adhered to him through life. His 
retreat from Ticonderoga, though his conduct passed the ordeal 
of a court of inquiry and was approved, was very unaccountable 
to the public, which too often judges the wisdom of measures by 
the result, and he never recovered from the effects of it. He 
served, however, with an honorable reputation through the whole 
Revolution, and subsequently he was elected a delegate to Congress 
from Pennsylvania, and ultimately became the President of that 
body, then the first position in the nation. On the accession of 
General "Wasliington to the presidency, he M^as confirmed in the 
ofiice of governor of the North-western territory, to which he had 
been appointed by the Continental Congress, aiid soon afcer a 
major general, commanding the army. In this la'ter capacity, 
he organized an expedition to the Indian country to -repress the 
hostile tribes who for years had been committing terrible ravages 
upon our frontiers. His means were incompetent, and his force 
undisciplined, and at Fort Recovery he sufi*ered the most signal 
defeat which our arms have ever encountered in Indian warfare. 
He soon after resigned his military commission, and was succeeded 
by General Wayne, who, under more fortunate auspices, restored 
our ascendency by his decisive victory at the foot of the Rapids 
at Maumee. General St. Clair continued to serve some years 
after the election of Mr. Jefferson, as governor of the North-west- 
ern territory, but on the eve of the formation of the State Gov- 
ernment he was removed, in consequence of some improper inter- 
ference, and eventually retired to his primitive location at Ligo- 
nier. There, some years after, Lewis Cass saw him for the last 
time, in a rude cabin, supported by selling supplies to the wagoners 
who traveled the road, one of the most striking instances of the 
mutations which chequer life. 



OF LEWIS CASS. 21 

Pittsburgh, when young Lewis first saw it, was little more than 
a village, but it possessed an intelh'gent, enterprising population, and 
among these, men who deservedly enjoyed the confidence of the 
country, like Col. O'Hara, Gen. Nevill, Maj. Denny, and others. 
At that time, the principal part of the old British fort was stand- 
ing at the point where the Alleghany joins the Monongahela. 

At Pittsburgh, Maj. Cass resigned his commission in the army, 
and descended the Ohio river, to Marietta, in one of those Ken- 
tucky boats, as the}' were then called, which furnished the only 
means of traveling down the river. Sometimes, indeed, although 
at rare intervals, a keel-boat, from Xew Orleans, passed up, after 
a journey of six months, pulled by twenty half-naked Creoles, the 
only ascending communication between the Delta of the Missis- 
sippi and the upper portion of the great tributary, drawing its 
supplies from New York and Pennsylvania. What a difi'erence 
between the slow and toilsome process and the rapid intercourse 
now created by the practical development of the powers of steam, 
a difference as startling as the change from the solitude of the 
lonely stream, fringed with a primitive and gigantic forest, to the 
busy hum of human industry, which salutes the ear for thousands 
of miles in succession. So little was the country prepared for the 
miracles of this mighty agent, that a few years later, when our 
vouns; adventurer was a member of the legislature of Ohio, an 
incident occurred, which taught him a profitable lesson, and led 
him, ever afterwards, to express, with becoming moderation, his 
dissent from any proposition of improvement. At the session of 
the legislature, a petition was received, asking an exclusive right, 
by the petitioners, to enjoy the use of their invention for steam 
navigation upon the waters within the jurisdiction of the State of 
Ohio, and offering, as a consideration, .to propel boats up stream at 
the rate of four miles an hour. The proposition was considered so 
unreasonable, ridiculous, perhaps, is the word, as to be unworthy 
of serious consideration, and was contemptuously thrown aside 
without action. Such has been the case with many important 
discoveries made in advance cf the age by sagacious minds, and 
condemned in their inception, but redeemed by subsequent suc- 
cess. Such was the fate of the great canal project of New York, 
zealously advocated by De Witt Clinton, but which, for years, 
encountered every opposition that party prejudice, reason or ridi- 
cule could urge against it, and rendered more obnoxious by an 



22 LIFE AND TIMES 

obnoxious name — the Big Ditch. But the Big Ditch has become 
one of the great rivers of the world, the rival of the Mississippi, 
and the superior of many mighty streams, renowned for their size 
and for the extent of country which they drain. 

From Pittsburgh to Marietta, the country was almost in a state 
of nature, tlie solitude broken occasionally by the cabin of the 
settler and by the deadened, but still standing, timber, which 
marked the field where his first efforts were applied for the sub- 
sistence of his family. 

Major Cass, with his family, landed at Marietta in October, 
1800, and remained there a few months, and tlien removed to his 
land upon the Muskingum. Lewis remained at Marietta, and 
became acquainted with Governor Meigs, who, at that time, occu- 
pied a seat on the bench of the Supreme Court of the Territory, 
and soon entered his ofiice as a student at law. He continued 
under the tuition of Governor Meigs a few months, when he left 
his office for that of Mathew Baccus, a distinguished counselor at 
law in the same village. Mr. Cass remained with Mr. Baccus 
until December, 1802, when he was licensed to practice in the 
courts of the Territory. He immediately commenced the practice 
of his profession, although not then twenty-one years of age, and 
is now the only survivor of the Ohio bar of that period. The 
territorial statute, relative to the age of the applicant for admis- 
sion to the bar, was silent. 

Emigration to Ohio, at this time, was large, and increasing 
with every year. Friends wrote back to friends, in 'New England 
and adjoining States, and family after family disposed of their 
mountain homes for the broad and fertile valleys of the western 
country. The population was large enough to authorize a conven- 
tion of the people for the formation of a State Constitution, and 
they exchanged their territorial government for that of an inde- 
pendent member of the confederacy. 

Mr. Cass, while a student at law, had gradually extended his 
acquaintance at Marietta, Zanesville, and vicinity. He was looked 
upon as a young man of great promise and marked ability, and 
when he commenced business for himself, his clients came to him 
instead of his seeking them. He devoted his time and learning 
diligently to the work. He rose rapidly in the estimation of the 
people, and was regarded, by the courts, as an ornament to, the 
profession. The circle of his legal fame widened, and ere three 



OF LEWIS CASS. 23 

years bad completed their cycle, lie was distinguished, along the 
banks of the river Ohio and upon the noi'tbern frontiers of the 
State, as the eloquent advocate of Zanesville, where he then re- 
sided. Nor was his fame coiifined to this branch of his profes- 
sional duties. The sound of his name had penetrated far back 
into the solitary clearings of the wilderness, and when disputes 
of boundaiy and title arose among those isolated communities, no 
man's judgment, save him who sat upon the wool-sack, backed 
by the sovereign power of a State, commanded higher respect, 
or was followed more implicit! 3^, than that of Lewis Cass. He 
acquired reputation, however, faster than inoney. The latter 
commodity was a rare article in those days in Ohio. The products 
of the earth were regarded as possessing intrinsic value, and con- 
stituted the principal currency in trade. Kthe settlers could get 
silver enough to pay for their lands, that was deemed sufficient 
for all practical purposes. It was customary, with the legal pro- 
fession, to receive their fees and retainers in grains, and then, like 
the merchants, forward them to the nearest cash market, up or 
down the river, and sometimes as far as ISTew Orleans. 

In those days, the judge and the lawyer mounted their horses, 
and rode one and two hundred miles to a court, and then to an- 
other, and another yet, and through woods, following a mere bridle- 
path, crossing the swollen streams upon their horses, while swim- 
ming, and thrown together at night into a small cabin. The 
school of Democritus had far more disciples among them than 
that of Ileraclitus ; and sometimes amusing incidents occurred on 
these journeys. Mr. Cass, upon one occasion, when riding his 
circuit, had occasion to cross the Sciota Salt Creek, suddenly 
raised by heavy rains, and was unhorsed by the breaking of the 
saddle-girth. His horse was a bad swimmer, who, instead of 
advancing, after losing his footing, amused himself by sinking to 
the bottom, and then leaping with his utmost force; and he con- 
tinued this new equestrian feat until rider, saddle, saddle-bags, 
and blankets were thrown into the water, and the recusant animal 
emerged upon one side of the creek, and the luckless rider crawled 
out upon the other as he best could, while the luggage commenced 
its voyage for ISTew Orleans. But the troubles of the day were 
recompensed by the genuine democratic comforts of the evening, 
when the hospitable cabin and the warm fire greeted the traveler, 
and a glorious supper was set before him, of venison, turkey, or 



^ 



> 



24 LIFE AND TIMES' 

bear's meat, fresh butter, hot corn cake, sweet potatoes, and apple 
sauce. The sturdy English moralist may talk of a Scotch supper 
as lie pleases, but he who never sat down to that meal in the 
west, forty years ago, has never seen the perfection of gastronomy. 
And then the animated conversation, succeeded by a floor and a 
blanket and a refreshing sleep ! 

The primitive court-house, built of logs, and neither chinked 
nor daubed, but with respectable interstices big enough to allow 
the passage of a man, was another of tlie features in the life of the 
legal practitioner of those times, quite different from those of to-day. 
And in this sanctuary of justice, as well as in other jDublic houses, 
the court and the bar, and the suitors and the witnesses, were 
mingled in indescribable confusion. There were many men, 
however, of high intellectual endowments, and wlio have since 
occupied distinguished positions, who were then members of the 
Ohio bar. The court and the lawyers were necessarily brought 
into close contact with each other. It was no time for the dignity 
of horse hair and big wigs. They traveled together in the prim- 
itive mode, on horseback. The hotels were log-cabins, the court- 
houses log-cabins, and the jails, about the same. The beds were 
puncheon floors, (puncheons are rough planks, split from logs 
before saw-mills were in use,) and the rides were longhand severe, 
varied occasionall}'- by the pleasure of swimming a rapid and over- 
flowino: river, at the hazard of the lives of horse and horseman. But 
the evenings, and especially the evening meals, were glorious, and 
there was plenty of kind feeling. 

In the summer of 1806, Mr. Cass married Elizabeth Spencer, 
daughter of Dr. Spencer, of Wood county, in the State of Virginia, 
and formerly from Lansingburg, in the State of New York. 

Mrs. Cass was a ladv of refined mind, of modest and accora- 
plished manners, tenderly attached to lier husband, and beloved 
by a large circle of friends. Mr. and ]\Irs. Cass passed many 
davs durimr the summer of their marriao;e on a delightful islet in 
the Ohio river, about fourteen miles below Marietta. They were 
the guests of Mr. and Mrs. Herman Blennerhassett, whose elegant 
hospitality was freely tendered to their guests. 

Blennerhassett's residence has been made memorable by the 
gorgeous description of Mr. Wirt, wlio made large drafts upon 
his imagination, on the completion of his picture. Mr. Cass knew 
Mr. and Mrs. Blennerhassett well. Mr. Blennerhassett was an 



OF LEWIS CASS. 25 

Irish gentleman, of a highly cultivated taste, and who had become 
involved in some of the political movements in Ireland, which had 
rendered it necessary fur him to emigrate. He came to this coun- 
try, and after visiting Marietta, was persuaded to purchase the 
upper part of the island, which bears his name, and where he 
erected a strong and comfortable house, and where he made many 
tasteful improvements. But his selection was, for him, a very 
unfortunate one. In the habits of his life, society was essential to 
him. Ite was no farmer, nor calculated to encounter the rough 
obstacles of frontier life. On the island he was in utter seclusion, 
and soon began to find that he had chosen unwisely. He pos- 
sessed an extensive library and philosophical instruments, and his 
house was furnished with taste and luxury. Mr. and Mrs. Cass 
spent many a happy hour there. Mrs. Blennerhassett was a highly 
accomplished lady, elegant in her manners, beautiful in form and 
feature, and fitted to adorn society in any country whatever. It 
may well be supposed that persons with such accomplishments, 
tastes and habits, soon felt the loneliness of their situation, at that 
early day, looking out upon the high hills below the Kanawa upon 
one side, and the farmers of Belpec upon the other. 

Aaron Burr visited this retreat of domestic happiness ; and Mr. 
and Mrs. Blennerhassett, enamored with his genius, for hours 
would entertain Mr. and Mrs. Cass with the conversations of the 
ex vice-president. Although improper designs were occasionally 
whispered against Mr. Burr, in different parts of the country, it 
did not occur to the mind of Mr. Cass that he was weaving a web in 
which to entangle the chivalrous and open-hearted Blennerhassett. 
The expedition of Miranda, the prospect of a rupture with the Span- 
ish government, the growing importance of New Orleans, the future 
position of the Mississippi valley in the commercial transactions 
of the world ; all these topics were occasionally adverted to in 
their casual and random conversations. Mr. Burr was looked upon 
as an adventurer, and visiting that region of country for the pur- 
pose of selecting land for subsequent purchase. Possessed, in an 
• eminent degree, of the faculty of persuasion, and an adept in con- 
cocting real, or fanciful inducements, to captivate the minds of 
those with whom he came in contact, subsequent developments 
showed what progress he made, in this respect, at that place. He 
found the Blennerhassetts in a frame of mind ready to receive 
his impressions. What specific project he held out, is left to 



_.v 



26 ' LIFE AND TIMES 

conjecture, but he soon acquired an ascendency over them, and they 
joined in his projects. There is no need of saying that this fatal 
error led to the ruin of this accomplished Irish gentleman. 

Mr. Cass continued to apply himself diligently to his profession. 
Ohio had taken her position as a State, and state legislation had 
commenced. But, as her population increased, and cultivated 
territory expanded, it was evident that more wisdom and knowl- 
edge of legal rights and remedies were required, on the part of 
her legislators. Mr. Cass, without solicitation, was elected a mem- 
ber of the Ohio legislature, and took his seat on the first Monday 
of December, 1806, at Chillicothe, then the capital of the State. 
A few days prior to the assembling of the legislature, John 
Graham, chief clerk in the Department of State, at Washington, 
visited Chillicothe, by order of President Jefferson, for the purpose 
of communicating with Governor Tiffin, then the executive of the 
State, and ascertaining who was true to the Union. The reputed 
plans of Mr. Burr occupied much of the public attention. The 
mystery which shrouded them alarmed the general government, 
and gave rise to a multitude of conjectures ; and many disheart- 
ening reports concerning the instability of the people beyond the 
mountains, and their want of attachment to the federal Union, 
reached the ears of the President. Some said the design was to 
sever the Western from the Eastern States, and otliers, that it was 
in contemplation to take possession of Orleans, seize the specie 
there, and then invade Mexico, to conquer it. 

Mr. Graham's mission to Chillicothe resulted in a special mes- 
sage from Gov. Tiffin to the Ohio legislature, immediately upon 
its assembling. The message recapitulated, for the information 
of that body, the supposed schemes of Mr. Burr, and urged prompt 
action to ferret them out, and bring the guilty to condign punish- 
ment. The message was considered in secret session, and referred 
to a special committee. It was important that the members of 
this committee should be trusty and capable men. This was Mr. 
Cass' first appearance in any legislative body, and young he was 
in years. But such was the estimation in which he was held by 
his associates, that, by universal consent, he was placed upon the 
committee, with Gen. Massie as chairman. The committee put 
themselves in communication with Mr. Graham, and acted with 
all the prudence and energy demanded by the crisis. They were, 
presently, in possession of incontrovertible evidence, that Colonel 



OF LEWIS CASS. 27 

Joseph Barker, of tliat State, had contracted for the buUding of 
a large fleet of small boats, suitable for the navigation of the Ohio 
river; that a large qnantit)- of provisions were warehoused, and 
many head of cattle were quartered at diiferent points, and all for 
the same destination down the river ; that large numbers of young 
men, dazzled with the prospect of military renown and wealth, 
had promised to join the enterprise ; and the committee, there- 
fore, had no hesitation in believing that the enterprise was war- 
like and treasonable, notwithstanding the protest of some, that 
the design was to go to New Mexico, and there, under Miranda, 
establish a new government ; and of others, that it was a party 
emigrating to lands taken up by Mr. Burr, on the Washita river, 
in the State of Louisiana. 

Accordingly, the committee reported a law, drafted by Mr. ^ 
Cass, authorizing the governor to call out the militia, and to 
an-est all persons engaged in any warlike enterprise. There were 
some members of the legislature who hesitated, and were inclined 
to give credence to the idle rumors afloat, and doubted the neces- 
sity of passing such a law, intimating that it might be used 
wrongfully, and to the annoyance of the people. When the bill, 
for the suppression of this conspiracy, was under consideration, 
the committee relied upon Mr. Cass to explain and urge its pas- 
sage. He was ready to do his duty, regardless of the personal 
animosities which might be engendered in consequence. Mr. 
Burr occupied a foremost position among the prominent men of | 
the day, and this was the first public act of condemnation leveled 
against him, as wanting in fidelity to his country, from any legis- 
lature, convention, or any body of men, acting deliberately and 
in concert. Here the ball was to be set in motion, without a 
certain knowledge Jiow far the conspiracy extended, if it, in fact, 
existed, or how much strength it had at command. But the young 
legislator possessed firmness and courage equal to the occasion, 
and in advocating the passage of the bill, said he was well aware 
that its provisions were important and the penalties heavy, but 
that he could see a justification for supporting it, in the rumors 
which were then afloat, threatening the peace and tranquillity of 
the State — the rumors that daily acquired new credit and addi- 
tional confirmation, and which, he believed, were well founded. 
Shall we sit still, silent spectators, said he, and not endeavor to 
prevent illegal steps being taken in this State ? Grant that the 



28 ' LIFE AND TIMES 

provisions of the bill, and all we can do, should prove to be unne- 
cessary, still vre ought to act. By common report, we are told 
that great talents, treasure and enterprise are engaged in a scheme 
which threatens ruin to the country, and he wished to see a law, 
such as the bill before the House, immediately passed, for it could 
not be done too soon. Perhaps, while we are now debating, the 
plan may be carrying into eifect — a plan, the means for effecting 
which, have no doubt been duly weighed by those at the head of 
it. He could not doubt, for a moment, but that the officer to 
whom the execution of the law was to be entrusted, wt)uld do his 
duty, and would not improperly use the power vested in him. 
His words not only evidenced wisdom, but his just regard for the 
rio'hts of a citizen, and carried conviction. The bill passed, and 

became a law. » 

The promptness of the legislature was seconded by the public. 
The militia were called out by the governor, the boats seized, and 
the enterprise broken up, so far as Ohio was concerned. 

But Mr. Cass did not stop here. In view of the reports daily 
reaching that capital, of what was transpiring upon the confines 
of the State of Kentucky, and lower down on the Mississippi river, 
he believed it to be the duty of the legislature to solemnly an- 
nounce to the people of the United States the views of Ohio upon 
this subject, and to assure the President of the steadfast attach- 
ment of the people to the general government. Plence, he drafted, 
) as briefly as was consistent, an address to the President, which 
was unanimously adopted by both houses of the General Assem- 
bly, and is here given, because it testifies, not only to the early 
patriotism of Mr. Cass, but his sincere regard for the democratic 
institutions of his native country and his fidelity to Mr. Jeilerson. 
It certainly can not be read by any American without gaining his 
full approbation. He expressed the sentiments of a patriot and 
a statesman, and worthy of the citizen of a democratic republic. 

Chillicothk, December 26th, 180G. 

On Thursday last, Mr. Lewis Cass introduced the following 
resolution, which was agreed to, and passed both houses without 
one dissenting voice : 

Resolved, unanimously, by the General Assembly of the State 
of Ohio, that the Governor be requested to transmit to the Presi- 
dent of the United States, the following address : 



OF LEWIS CASS. 29 

To Thomas Jefferson, Esq., President of the United States : 

''' Sir: — At a time when the public mind, throughout the Union, 
is agitated with alarming reports, respecting the existence and 
design of a partj hostile to the welfare and prosperity of the 
country, we deem it a duty incumbent on us to express to the 
Executive of the Union our attachment to the government of the 
United States, and our confidence in its administration. What- 
ever may be the intention of desperate and abandoned men, re- 
specting the destruction of that constitution which has raised us 
to our present elevated rank among the nations of the world, and 
which is our only security for the future, we trust they will find 
very few advocates in the State of Ohio. We express the feelings 
and opinions of our constituents, when we say, that no acts of 
intriguing men — no real or visionary prospects of advantage — 
will ever induce us to sever that bond of union, which is our only 
security against domestic violence and foreign invasion. 

Believing that the fundamental maxims of rational liberty have 
guided you in the administration of our government, we hesitate 
not to express our full and entire confidence in your councils and 
conduct. . Enjoying every blessing which, as men and as citizens, 
we could desire, and in a country fertile in nature's choicest gifts, 
we should deem it presumptuous indeed to hazard, by intestine 
dissensions, these incalculable advantages. We trust that public 
attention has magnified the dan^-er ; but should the desio-n in 
agitation be as destructive as represented, we have no doubt that 
all fear will shortly be dissipated before the indignation of our 
citizens. That you may live long to enjoy the confidence and 
attachment of the American people, is the sincere and unanimous 
wish of the legislature of Ohio. 

The handsome reply of Mr. Jefferson to the above address, 
shows how highly that great statesman estimated the energv and 
courage of Mr. Cass, and the fidelity of Ohio to the federal Union. 
It was addressed to the governor, and read as follows : 

Washixgtox, February Sd, 1S07. 

Sir : — The pressing business, during a session of the legislature, 
has rendered me more tardy in addressing you, than it was my 
wish to have been. Tiiat our fellow-citizens of the west would 
only need to be informed of criminal machinations ao-ainst the 



30 LIFE AND TIMES 

public safety, to crush them at once, I never entertained a doubt. 
I have seen, with the greatest satisfaction, that among those 
wlio have distinguished themselves by their fidelity to their 
country, on the occasion of the enterprise of Mr. Burr, yourself 
and the legislature of Ohio have been the most eminent. The 
promptitude and energy displayed by your State, have been as 
honorable to itself as salutary to its sister States ; and in declaring 
that you deserve well of your country, I do but express the gra,te- 
ful sentiments of every fellow-citizen in it. The hand of the 
people has given a mortal blow to a conspiracy, wdiich, in other 
countries, would have called for an appeal to arms, and has proved 
that government to be the strongest, of which every man feels him- 
self a part. It is a happy illustration, too, of preserving to the 
State authorities all the vigor which the constitution foresaw would 
be necessary, not only for their own safety, but for that of the 
whole. 

In making these acknowledgments of the merits of having set 
this illustrious example of exertion for the common safety, I pray 
that they may be considered as addressed to yourself and the 
legislature particularly, and generally to every citizen who has 
availed himself of the opportunity given of proving his devotion 
to his country. 

Accept my salutations, and assurances of great consideration 
and esteem. 

(Signed,) Thomas Jeffeeson. 

His Excellency, Gov. Tiffest. 

Few transactions, in any country, ever excited a greater sensa- 
tion than this alledged conspiracy of Aaron Burr. The crime 
charged was of the deepest dye; and, if successful, of incalculable 
consequences. The accused was a pei'son of the highest eminence, 
both for talents and j^olitical position. Conspicuous persons were 
implicated in the supposed plot, and the party violence which 
marked the period, mingled itself into conflicting opinions, which 
these transactions naturally created. And when Mr. Burr was 
arrested, and was arraigned for trial, the public scanned, with eager 
curiosity, every step in its progress. At this day, it is difficult to 
reconcile the efforts of Mr. Burr with the dictates even of common 
sense. To judge by his projects and arrangements, he must have 
been a very over-rated man. He never had the slightest chance 



OF LEWIS CASS. 31 

of success, and became a mere adventurer, whose designs were 
unredeemed by great plans, or bj corresponding intellectual power 
to cany them into efi'ect. Mr. Jefferson supposed that his aim 
was to separate the Western from the Eastern States ; one of the 
most ridiculous projects that ever entered into the head of man. 
Mr. Jefferson, like every body else, deceived by rumor, supposed 
there was a very extensive conspiracy, whose ramifications were 
artfully combined, and spread everywhere. His impressions may 
be gathered from the authority he gave to Gov. Tiffin, to remove 
every postmaster west of the mountains who should be reason- 
ably suspected of heing unfriendly to the unity oftJte nation. 

The President Avas not an inattentive spectator, or indifferent to 
the result of Mr. Burr's trial. It resulted contrary to bis expecta- 
tions, and such was his chagrin, that he and Chief Justice Mar- 
shal, who occupied the bench on the trial, at Richmond, Yirginia, 
never spoke to each other afterwards. Of a far difterent charac- 
ter were his feelings towards those who had the firmness and 
civil courage to aid the government in exposing the conspiracy, 
and baffling a project which was generally believed to be of a 
revolutionary character, having, for its ultimate object, the division 
of the federal Union. 11 is confidence in the integrity and patri- 
otism of Mr. Cass was such, that in tlie succeeding year of 1807, 
he tendered the latter the office of United States marshal, for the 
State of Ohio; and his warm friendship to Mr. Cass continued 
unabated to the end of his days. 

Mr. Cass was somewhat reluctant to accept the appointment, 
lest the discharge of its duties might interfere with his profes- 
sional business. Michael Baldwin had held the office for several 
years, but he became addicted to inebriet}^, and the President was 
unwilling to continue him any longer. Mr. Jefierson had such a 
horror of this vice, that he upon one occasion remarked, that if he 
was to serve his term of office over again, his first inquiry always 
should be, whether the applicant for office was liable, from habit 
and association, to become a drunkard. 

More on account of the source from whence the office came, and 
the kind manner in which it was offered, than for its limited 
emoluments, Mr. Cass accepted it, and qualified for the discharge 
of its duties. He continued to practice his profession for several 
years successfully at Zanesville, and in consequence of holding an 
office under the general government, he was not again returned 



/ 



32 LIFE AND TLME3 

to the legislature of Ohio. lie was employed as an advocate in 
many important cases. It was during this period of his life, a 
question arose in Ohio, which was much discussed, and upon 
which public opinion was divided, and occasioned intense excite- 
ment among the people. The point at this day may appear ridic- 
ulous, but it was then of vital interest. 

It seems now to be universally conceded, that the supreme 
judicial tribunal in each state, has the right to determine in the 
last resort, the constitutionality of a law. Such was not the doc- 
trine at the time of which we speak. Judge Todd, of the Supremo 
Court, and Judge Pease, president of a circuit, were both impeached 
for deciding that an act of the legislature, giving cei-tain jurisdic- 
tion to justices of the peace, without a trial by jury, was uncon- 
stitutional. Believing that the doctrine maintained by the legis- 
lature — that the judiciary have no right to determine the uncon- 
stitutionality of a law — would be fatal to liberty, by rendering the 
law-making power an unlimited one, in common with some other 
^ members of the bar, Mr. Cass volunteered to defend the judges. 
They were acquitted, and this dangerous heresy, of the omnipo- 
tence of a legislature, soon disappeared. But during the progress 
of the discussions arising out of the matter, there was great agita- 
tion in the State ; and, at one time, the prospects were alarming. 
The trial lasted many days. The legislature retained some of the 
y ablest and oldest lawyers in the State. Mr. Cass brought to 
the case great legal research and industry. His argument was 
unanswerable, and carried conviction to the minds of his hearers. 
This efibrt, the cause for which he plead, and the triumphant 
verdict, extended his professional reputation among the people all 
over the State. 



OF LEWIS CASS. 33 



CHAPTER II. 

Indian Confederacy— Tccumseh and the Prophet— Relations between the TJnitcd States and Great 
Britain— Governor Meigs' Proclamation— War of 1S12— Mr. Cass' Tie ws— Volunteers his Services- 
Commissioned Colonel— His Speech to the Troops at Dayton— Its Effect— General Hull- Plan of 
Campaign— Rendezvous at Urbana- March to the Mauraee— Hardships and Trials- Declaration of 
War Disaster on Lake Erie — Council of War — Colonel Cass advises Invasion of Canada — Disincli- 
nation of Hull- Ad\ice of Colonel Cass adopted— Passage of Detroit River— Landing in Canada— 
Hull's Proclamation— Colonel Cass urges Prompt Movement on Maiden— Hull's Delay— Colonel 
Cass visits Maiden -Kith. Flag of Truce — Return to Camp — Leads a Detachment against the Enemy— 
The Engagement at the Aux Canards— His Heroic Conduct— His Report to Hull— Colonel Cass' 
Courage — Hull's TimitUty. 

In the summer of 1811, the people of Ohio were alarmed at 
the ap])earance of a hostile confederacy among the Indians on the 
north-western frontier. Menacing preparations had been discov- 
ered, under the direction of the renowned chief, Tecumseh, and 
his twin brother, Elskwatawa, surnamed the Prophet. These two 
remarkable savages belonged to the Shawanese nation, distin- 
guished for its warlike predilections. Tecumseh was the master 
spirit, and took upon himself the departments o^ war and elo- 
quence, success in these being the direct road to eminence and 
chieftainship; but in order to hold enslaved the minds of his 
countiymen, by their strong bent to superstition, Elskwatawa 
invested himself with the attributes of a sacred character. Pre- 
tending to be favored with direct and frequent communications 
with the Great Spirit, by tricks and austerities, he gained belief, 
and drew around him the awe-struck Indians from great distances. 
It was generally believed that secret agents of the British govern- 
ment were continually inflaming their passions and prejudices 
against the whites, representing that the latter were mere intru- 
ders, and picturing to the minds of Tecumseh and the Prophet, 
the scheme of dividing between them, not only the sovereignty 
of the Shawanese, but that of all the border confederacies. Signs 
of hostilities between the United States and Great Britain began 
to loom up in the distant horizon, and were freely commented 
upon, by the paid stipendiaries of the crown, aronnd the council 
fires. The brothers, watching these signs, and believing that an 
opportunity would soon occur, were collecting their followers on 
the Wabash, in the Territory of Indiana. William II. Harrison, 
then governor of that Territory, was directed to march against 



34 LIFE AND TIMES 

them with a military force, consisting of regulars, under the com- 
mand of Colonel Boyd, united with the militia of the Territory, 
lie met them at Tippecanoe, and defeated them. This event 
occurred on the 7th of November. Tecumseh was absent, stirring 
up the various tribes, and calling upon them to unite with him in 
the great war dance against the settlei's on the frontier. 

In the meantime, it became more and more evident that the 
peaceful relations between the United States and Great Britain 
would soon terminate in open war. Congress, upon its assem- 
bling, authorized the President to call on the governors of the 
States for detachments of militia, to an amount not exceeding one 
hundred thousand, and to accept the services of any number of 
volunteers, not exceeding fifty thousand. As it was probable that 
the frontiers, bordering on the British Provinces, would be the 
principal theater of hostilities on land, the first attention of the 
general government was directed to their defense. Ohio was 
called upon for its quota of men for the service, and in April, 
1812, Governor Meigs issued his proclamation in answer to tlie 
call, appealing to the patriotism of her citizens, and ordermg the 
troops to rendezvous at Dayton. This military force was to be 
raised, as well to act against the British in Canada, if there 
should be war, as to suppress hostilities from the Indians, in the 
Territory of Michigan. 

But as even in the purest atmosphere there always will be 
found some noxious vapors, so among the people of America there 
were some, at this great epoch of our country, who questioned the 
propriety or necessity of thus early raising an armed force. They 
were fain to believe that wrons^ motives were ascribed to the 
Indians ; that the alledged interference of secret emissaries, in the 
pay of King George, was a bugbear, and a war between tlie 
two countries a chimera. Not so thouMit Mr. Cass. But feel in": 
keenly the insult meditated against the glorious standard of his 
country, and ardently attached to the democratic institutions of a 
republic, and having no sympathy with those to whom a war with 
England was an eye-sore, he was not to be deceived by their 
clamor, or diverted from his duty by their hypocritical cry against 
the impiety of a resort to arms. He believed that a war with 
England was both just and necessary; and closing his law ofiice 
and his lucrative business, he hastened to volunteer his services 
in the force which was called out. The appeal of the government 



OF LEWIS CASS. 85 

to the patriotism of Ohio, was successful. Twelve hundred men 
were enrolled as volunteers, and, divided into three regimeiits, 
M'ere marched to Dayton, where Mr. Cass, with the united voice 
of his comrades, wasassiirned the command of the third remment, 
and commissioned as colonel. 

Having formed his command in a hollow square, and planted 
the American standard in the center. Colonel Cass opened his 
militarv career with the followino; enero-etic words: 

" Fellow-citizens ! The standard of your country is displaj^ed. 
You have rallied around it to defend herrio:hts and to avenge her 
injuries. May it wave protection to our friends and defiance to 
our enemies ! And should we ever meet them in the hostile field, 
I doubt not but that the eagle of America will be found more 
than a match for the British lion ! " 

The young volunteers received, with rapturous enthusiasm, this 
brief but thrilling address of their youthful Colonel, and assured 
him that they were eager to meet, under his command, their proud 
enemy. The other two regiments were commanded by Colonels 
McArthur and Findlay, and this volunteer force, marching to 
Urbana, was there joined b}^ three hundred regulars, under the 
command of Colonel Miller. The entire force was under the 
command of Brigadier General William Hull, a captain durina; 
the Revolution, and then governor of the Michigan Territorv. 

The plan of the campaign, as formed at Washington, had, for its 
ultimate object, the conquest of the Canadas. The intention was 
to invade, simultaneously, at Detroit and Niagara ; and the armies 
from these phices were to be joined, on their way to Montreal, by 
a strong force to be collected at Plattsburgh, and thus a combined 
attack to be made upon that capital. 

In the fore part of June, the military forces at Urbana left that 
place for the theater of war. Detroit was the point of destination, 
and the distance to be traveled was more than two hundred miles. 
Their march, the greater part of the way, lay through a wilder- 
ness, and much of it without a road. The creeks and rivers were 
not bridged, and in many places, in fact, most of the way, it was 
necessary to level the forest in order to make a way fur their pro- 
visions and munitions of war. Swamps, filled with miasma, had 
to be waded, and the command frequently halted to relieve the suf- 
ferings of the sick. Block houses were erected at intervals alono* 
the route, for the use and convenience of the arm v. and the better 



^ 



36 LIFE AND TIMES 

protection of the countr3\ The privates suffered much, and it 
became the imperative duty of the officers of the volunteers to 
give good examples how to endure, with patience, privation and 
fatigue, lest the men, unaccustomed to such hardships, should turn 
back in discouragement. Colonel Cass showed himself equal to 
the duties and responsibilities of his new position, and enjoyed 
the unreserved confidence of his men. He did not omit to enforce 
the first rudiments of a military education, discipline and obedi- 
ence. And whilst activelv and strictlv discharo-ino; tliis branch 
of his duties, he did not make for himself an austere and repulsive 
character, but mingled freely with his force, as a companion and 
friend, and thus possessed himself of all their wants, feelings and 
desires. And whilst his command were daily becoming more and 
more proficient in drill and movement, they at the same time 
acrpiired the important lesson, that this knowledge, in the hour 
of battle, would enure as mu3h to their own personal safety, as 
the good of their country. 

After traversino; a region unbroken by a single settlement, the 
army reached tlie rapids of the Maumee, on the thirtietli day of 
June. The sensations of Colonel Cass, on reaching this point in 
the marcli to Detroit, were penned by himself, tliirty-one years 
afterwards. " We were heartily tired of the march, and were 
longing for its termination, when we attained the brow of the table 
land, through which the Maumee has made a passage for itself, 
and a fertile region for those who have the good fortune to occupy 
it. Like the mariner, we felt we had reached a port ; like the 
wanderer, a home. I have since visited the three other quarters 
of the globe, and passed over many lands and seas, but my 
memory still clings to the prospect which burst upon us on a bright 
day of June, from the valley of the Maumee — to the river, winding 
away beyond our view, to the ra]3ids, presenting every form of the 
most picturesque objects, to the banks, clothed with deep verdure, 
and to the rich bottoms, denuded of timber, as though inviting 
the labor and enterprise of the settler." 

On the twentj^-sixth, four days previous, General Hull liad 
received, by express, a letter from Mr. Eustis, Secretary of War, 
written on the morning of the eigliteenth, the day on which war 
was declared. But this important fact was not announced in this 
letter, but it contained expressions indicating that the declaration 
would soon be made. Supposing that the British could not be in 



OF LEWIS CASS. 37 

possession of such important intelligence earlier than himself, 
General Hull, for the purpose of disencumbering his array, and 
facilitatins: his march, chartered a sail vessel to convev to Detroit 
his sick, his hospital stores, and a considerable part of his baggage. 
This vessel sailed on the first day of July, and M-as captured by 
the British off Maiden, who had been two or three days in posses- 
sion of the information that war was declared. With General 
Hull's private baggage, had been placed on board the vessel, what 
he should have better guarded, his trunk of papers, and by means 
of which the enemy became possessed of his confidential corres- 
i:)ondonce with the government, and the returns of his officers, 
showing the number and condition of his troops. The intelligence 
of the declaration of war was received by General Hull on the 
second day of July, in a second letter from Mr. Eustis, under date 
of June eighteenth, not forwarded by express, but by mail. His 
first despatch directed him to push on to Detroit with all possible 
expedition. 

There was an Indian village at Brownstown, on the American 
side of the Detroit river, and as war was actually existing,^ it was 
anticipated that the army would be attacked and annoyed by the 
Indians, and by detachments from the British garrison on the 
opposite side of the river. The army, however, resumed its march, 
and on the fifth of July reached Detroit, without molestation from 
the enemy. 

On the ninth of July, General Hull received a letter from the 
Secretary of "War, saying that, " should the force under your com- 
mand be equal to the enterprise, and consistent with the safety 
of your own posts, you will take possession of Maiden, and extend 
your conquests as circumstances will allow." 

Immediately upon the receipt of this despatch. General Hull 
called a council of war, of which Colonel Cass was a member, and 
the great question to be solved was, the propriety of invading Can- ^ 
ada. Colonel Cass was in favor of the invasion, and urged that 
the army, leaving a suitable force for the protection of the post of 
Detroit, should immediately cross over the river. General Hull 
hesitated, contending that his force was not equal to the reduction 
of Maiden, and that the savages were under the influence and 
command of the enemy. Colonel Cass replied to the first point, ^ 
that their force was greater in number, if any credence was to be 
given to the reports constantly reaching the post, and that their 



38 LIFE AND TIMES 

ardor and impetuosity would more than equal the discipline of the 
British. As to the savages, he doubted whether thej were pre- 
pared to act on the offensive, else they would not have suffered 
the American troops to pass quietly up the river. General Hull 
could interpose no rejoinder, with any show of candor, and finally 
concluded to undertake the enterprise. 

The embarkation was made on the eleventh of July, from a 
point a little above Detroit, and the advanced force, animated 
with the highest hopes, was composed of Colonel Cass and Lieu- 
, tenant Colonel Miller. Colonel Cass occupied the bow of one of 
_^ the boats, and was the first man who landed in arms upon British 
soil, after the declaration of war. General Hull followed on the 
twelfth, with the remainder of the army ; and on landing in Can- 
ada, he issued an energetic proclamation, written by Colonel Cass, 
for distribution among the inhabitants, which was much applauded 
at the time by the public press throughout tlie country. AYhat- 
ever may have been entertained of the inglorious descent from 
promise to fulfillment, it w^as generally regarded as a high-spirited, 
numly, and patriotic document. It promised protection to all who 
would join the American standard. Many of the inhabitants 
accepted the invitation, and others remained peacefully disposed 
at home ; and the Indians were awed into a temporary neutrality. 
The army took post at what is now called AYindsor. Here, entrench- 
ments were thrown up, and temporary defensive works were con- 
structed, and the army remained inactive, awaiting some heavy 
artillery from Detroit. Hours, and days passed, and no order to 
march. The delay in receiving the desired ordnance was unusual, 
and strange to the ofiicers and men. They were anxious to go 
forward : they desired to attack Maiden, and measure swords with 
the enemy. News reached camp of the surrender of Macinac. 
This intelligence, instead of disheartening the troops, increased 
their ardor. Colonel Cass had, time and again, urged the import- 
ance of prompt movements, and demonstrated to the commanding 
general the feasibility of capturing the fortress at the mouth of the 
river. Having visited Maiden with a flag of truce before the 
army crossed over from Detroit, he believed it indefensible. But 
General Hull all the while appeared to labor under the delusion 
that the enemy was in strong force, and the result problematical. 
And, in addition, the idea seemed to haunt him, that the woods 
were alive with savages, ready to give the war-whoop, and brandish 



OF LEWIS CASS. 39 

the knife and the tomahawk, as soon as he was out of siglit of 
Detroit. Small detachments occasionally scoured the immediate 
country, for forage and provisions, and returning to camp, uniformly 
reported every thing quiet, and no enemy in siglit. Colonel St. 
George commanded at Maiden, with a moderate force, as was 
supposed, and some of the heavy guns had finally made their 
ajipearance. The carriages for the same having been constructed, 
finally, at the suggestion of Colonel Cass, General lluUordered him 
and Lieutenant Colonel Miller, with a detachment of two hundred 
and fifty men, to move towards the British fort, and take posses- 
sion of a bridge over the river Aux Canards, which commanded 
the approach to it. This was a wise precautionary measure, so 
that there should be no delay in the movement of their ordnance, 
after the main army was once in motion. 

Accordingly, on the seventeenth of July, Colonel Cass led a 
detachment towards the enemy. In the latter part of the day, he 
reached the Canards, and by ascending the river some distance 
above the bridge, on the main road, the stream was forded, and 
the British party surprised and routed, and fled towards Maiden. 
The American detachment remained in possession of the bridge, 
and Colonel Cass immediately transmitted the following report to 
his commanding ofiicer. It is illustrative of the first action, and <^ 
the first blood shed, in the late war with England. 

" Saxdwich, Upper Canada, July 17th, 1812. 
Sir — In conformity with your instructions, I proceeded with a 
detachment of two hundred and fifty men, to reconnoitre the ene- 
my's advanced posts. We found them at the bridge over the river 
Canards, at the distance of four miles from Maiden. After exam- 
ining their position, I left one company of riflemen to conceal 
themselves near the bridge, and upon our appearance on the 
opposite side of the river, to commence firing, in order to divert 
their attention, and to throw them into confusion. I then proceeded 
with the remainder of the force, five miles, to a ford over the 
Canards, and down on the southern bank of that river. About 
sunset we arrived within sight of the enemy. Being entirely desti- 
tute of guides, we marched too near the bank of the river, and 
found our progress checked by a creek, which was then impass- 
able. We were compelled to march up a mile, in order to efiect 
a passage over the creek. This gave the enemy time to make 



40 LIFE AND TIMES 

their arrangements, and prepare for their defense. On coming 
down the creek, we found them formed ; they commenced a distant 
fire of musketry. The riflemen of the detachment were formed 
upon the wings, and the two companies of artillery in the center. 
The men moved on with great spirit and alacrity. After the first 
charge, the British retreated — we continued advancing. Tliree 
times they formed, and as often retreated. We drove them about 
half a mile, when it became so dark that we were obliged to relin- 
quish the pursuit. Two privates of the British 41st regiment were 
wounded, and taken prisoners. We learn from deserters that nine 
or ten were wounded, and some killed. We could gain no precise 
information of the number opposed to us. It consisted of a consid- 
erable detachment of the 41st regiment, some militia, and a body 
of Indians. The guard at the bridge consisted of fifty men. Our 
riflemen stationed on tins side of the Canards, discovered the enemy 
reinforcinc: them durino- the whole afternoon. There is no doubt 
but their number considerably exceeded us. Lieutenant Colonel 
Miller conducted himself in the most spirited and able manner. 
I have every reason to be satisfied with the conduct of the whole 
detachment. 

Yery respectfully. 

Sir, I have the honor to be 

Your obedient servant, 

(Signed) Lkwis Cass, 

Colonel 3d Regiment Ohio Yolunteers. 
Brigadier General Hull." 

By dislodging the enemy at this bridge, and retaining posses- 
sion of it, an important advantage was gained, and an easy access 
secured to the British fortress. Quite unexpectedly to Colonel 
Cass, General Hull did not appreciate this victory, although it 
created consternation at Maiden, and ordered the detachment to 
return to camp. Colonel Cass and Lieutenant Colonel Miller remon- 
strated, in writing, against the inevitable injury which the execu- 
tion of this order would inflict upon the American cause, and 
earnestly requested leave to remain in their position. But it was 
of no avail. The General's views remained unshaken, and the 
bridge abandoned, to the great relief and joy of Colonel St. George. 



OF LEWIS CASS. 41 



CHAPTER III. 

Armistice on Niagara Frontier — Hull favors tlie re-crossing of Detroit Eivcr — Colonel Cass Remonstrates 
— Battle of Brownstown — Evacuation of Canada — Engagement in the Woods of JIaguaga — Colonel 
Cass Volunteers to lead a Detachment through the Wilderness to the River Raisin — General Brock's 
Arrival at Sandwich — Summons the American Fort at Detroit — Bombardment — Hull's Surrender — 
Indignation of Colonel Cass and the Troops — His Return from the River Raisin — Disposition to 
Fight — Breaks his Sword. 

Intelligence reached Sandwich, that an armistice had been 
agreed upon, at Washington or elsewhere, but that it did not 
include the armies upon this portion of the frontier ; and now, 
instead of the promised diversion in his favor, on the line of the 
Niao-ara, General Hull suspected that the entire British force 
would be concentrated against him. He at once abandoned all 
efforts for penetrating farther into the enemy's country, and enter- 
tained the idea of retracing his steps, and removing his command 
to Detroit. Colonel Cass remonstrated against such imbecile and 
ino-lorious conduct. He presented to the view of his General the 
injury it would inflict upon the spirit and courage of the volun- 
teers, now panting for action ; he adverted to the evidences which 
the Canadians daily gave, of their disposition to join the Ameri- 
can cause ; and in warm, but modest terms, descanted upon the 
facilit}'- with which he might capture the enemy, take possession 
of Maiden, and thus secure the key which controlled all that fron- 
tier. The officers agreed in council, with Colonel Cass, and they 
unitedly urged that the troops be led to action. But Lieuten- 
ant Hanks, with a weak garrison at Macinac, had surrendered to 
a party of one thousand British and Indians, with the honors of 
war, and General Hull was more and more fearful that hordes of 
savao-es, under the lead of the active and wily Tecumseh, would 
come down upon him from the northern forests, and with resist- 
less and demoniac fury, massacre the inhabitants, lay in ashes the 
village of Detroit, and drive him and his comrades into the waters 
of Lake Erie. Charity, with fihned eyes, perhaps, would say, 
"that the eyes of the patriot and soldier were closed, while those 
of the father and the paternal governor saw, in fancied vision, his 
beloved daughter and grandchildren already bleeding, the victims 
of savage barbarity." 



42 LIFE AND TIMES 

An express came in from the vigilant Governor Meigs, announc- 
ing that Captain Brush had gone forward, by the way of tlie river 
Kaisin, with an ample stock of provisions for his brave volunteers. 
Colonel Cass had also learned that a party of the enemy had left 
Maiden, to intercept these supplies, and that the escort had reached 
the Raisin. The General was persuaded to detach Major Yan 
Horn, with two hundred men, to hold this party in check. Te- 
cumseh, at the head of his Indians, ambushed his path at Browns- 
town creek, and foil upon the Americans with such ferocity that 
eighteen were killed, twelve wounded, about seventy missing, and 
the Major retreated in the direction of Detroit. 

The news of this disaster settled the question of the evacuation 
of Canada. The General, no longer doubting that the savages 
were upon the war-path in force, and well stocked, by British 
agents, with ammunition, and that his worst anticipations would 
be fully realized, if he remained in his present position or marched 
southerly, resolved to re-cross the river to Detroit, and issued his 
orders accordingly. And on the eighth of August, with deep 
chagrin and some mutinous dissatisfaction, his brave and lion- 
hearted officers and soldiers received the peremptory order to 
embark, and sullenly made this disgraceful retreat. 

Colonel Cass again brought to the attention of his General, the 
absolute necessity of communicating with Captain Brush, and the 
propriety of detailing a guard sufficiently strong to ensure the 
safe conduct of the supplies, which were now understood to con- 
sist principally of beef cattle. General Hull acceded to the pro- 
position, and on the same day of the re-crossing, detached Lieu- 
tenant Colonel Miller, with six hundred men, regulars and volun- 
teers, with orders to meet and escort Captain Brush, \vith the 
supplies, to Detroit. After marching some twelve miles, along 
the margin of the Detroit river. Captain Snelling, in command of 
the advance guard, encountered a large body of Indians and 
British, drawn up in line of battle, in thickets of underbrush, in 
the vicinity of Maguaga. Tecumseh was again in command, and 
a severe fight ensued. The red coats fled — the red onen still kept 
the ground, but at length were routed, and both retreated towards 
Brownstown, and succeeded in reaching Maiden, with the loss of 
one hundred and thirty-four killed and wounded. The American 
loss was seventeen men killed and sixty-four wounded. While 
remaining in position at Maguaga, awaiting provisions, the men 



OF LEWIS CASS. 4 



q 



having thrown away their knapsacks and rations upon eugagino- 
the enemj, the detachment was recalled to Detroit. 

The battle of Maguaga following so closely npon the skirmish 
at Brovvnstown creek, and the Indians being so active and earnest 
in both instances, created additional agitation and alarm at head- 
quarters. Rumor also stated that a large reinforcement of British 
troops was on the march from Niagara, and that the Six Nations 
of Indians were backward in espousing the American cause. 
General Hull M-as doubtful whether the supplies would ever reach 
his present head-quarters, and, gloomy and despondent, he called 
his officers around him, and proposed a retreat to some place near 
the rapids of the Maumee. But to this suggestion. Colonel Cass 
and all his brother officers, already so much dissatisfied with his 
ill-timed retreat from Canada as to be on the eve of mutiny, utterly 
dissented, and proposed, instead, that another effort should be 
made, regardless of personal consequences, to open a communica- 
tion with Captain Brush. The General once more yielded to the 
patriotic counsel of his officers, and sent out another detachment 
of three hundred and fifty men, under Colonels Cass and McAr- 
thur, for this purpose. Colonel McArthur, being senior in rank, 
was in command of the expedition. 

This detachment left head-quarters towards sunset in the after- 
noon of August fourteenth. It was an expedition full of antici- 
pated peril and labor, for, if the half of what was asserted was 
true, the woods were alive with hostile savages, and, as their orders 
were to march by an unfrequented and circuitous route, by the 
way of an opening in the forest, where has grown up the thriving 
village of Ypsilanti, with an Indian trail, as their only land mark, 
leading, at intervals, through bogs and swamps and over deep 
creeks, it was evident that they had no light service to perform, 
and that their path was full of danger. But there was no fear; 
and so readily did these patriotic men answer the call, and so 
quickly were they on the march, that there was no time to lay in 
a full supply of rations. They took such as hai)pened to come in 
their way, and were at once ready for duty. They met with no 
interruption from the enemy. 

It turned out, that, on the day before this detachment left De- 
troit, General Isaac Brock, the most active and intrepid comman- 
der in all the British Provinces, reached Maiden, from Fort 
George, at the mouth of the Niaiijara river, and, on the next day, 



44: LIFE AND TIMES 

assumed the command of the forces. It was generally supposed 
that he was still stationed at Fort George, and if a more accurate 
knowledge of his whereabouts was possessed by any person in the 
American army of the north-west, it was kept in profound secrecy. 
It was observable, that a party of the enemy, under Colonel Proc- 
tor, who had succeeded Colonel St. George, had taken post at 
Sandwich, and were proceeding to fortify the bank of the river. 
This was supposed to be a natural consequence of the evacuation, 
the enemy moving up, in part, to extend his fortifications; and 
strengthened the view of Colonel Cass and his brother officers, 
that the American policy was to get on the supplies, call for more 
troops, and make a stand at Detroit. Besides, a week had not 
elapsed since the first rumor of the armistice had reached the 
American garrison ; and as it was rumored that General Brock 
was one of the high contracting parties to that transaction, the 
idea was not dreamt of, that his j^resence was so early exj^ected 
on that frontier. 

However, he was in fact in command on the fourteenth of 
August, and being a man of uncommon energy and decision, he 
entered forthwith upon active duty, and concentrated his forces 
at Sandwich. Accustomed to duty, and an accomplished soldier, 
he looked upon the evacuation as conclusive evidence of weak- 
ness. The private papers, captured the month previous, gave him 
full information of the number and character of the force ao-ainst 
which he had to contend. The un-officerlike conduct of the 
American commander, since his arrival at Detroit, he attributed 
to vacillation and infirmity of purpose; and fully aware that 
supplies and a reinforcement were daily expected by General 
Hull, he believed it to be his policy to bring on an immediate 
engagement. Hence, on the fifteenth of August, he sent his two 
aids, Lieut. Col. McDonald and Major Glegg, to demand in form 
a surrender of Fort Detroit, intimating, as though he was sensible 
of the prominent fear of his antagonist, that it was not his incli- 
nation to join in a war of extermination, but that he had a nu- 
merous body of Indians attached to his command, which would 
be beyond his control the moment the contest commenced. The 
current history of that day asserts that the answer to this very 
unexpected and provoking summons, was tardily given. Perhaps 
the delay was to gain time. If so, the motive is praiseworthy. 
Its form, nevertheless, is open to criticism. Hull announced that 



OF LEWIS CASS. 45 

he was ready to meet any force which might be brought against 
him, and aljide the consequences. If he had stopped here, it 
would have been commendable ; but, as if the British commander 
was in position merely to redress some supposed grievance to his 
own command, happening on that frontier. General Hull proceeded 
to beo- his pardon for certain acts of liis own officers, committed 
without his knowledge, lie appeared to overlook the fact that 
the extreme measure contemplated by the British General, was 
for the purpose of advancing the cause of his gracious master on 
the other side of the x\tlantic, and, if successful in his eftbrts, thus 
early ac(piiring an important advantage in the conduct of the war 
on tliat frontier. The answer, undoubtedly, strengthened General 
Brock in the belief that he was to meet a weak-hearted officer, 
and that his true course was to attack him in close contest. At 
any rate, he did not delay action, but opened his batteries on the 
same day, and commenced the bombardment of the town. The 
fire was returned, with some effect. General Hull was greatly 
alarmed, and sent out an express to reach the detachment under 
Colonels McArthur and Cass, commanding them to return as 
expeditiously as possible. 

On the morning of the sixteenth of August, at an early hour, 
General Brock crossed the river, and effected a landing of his 
troops at a place called Spring Wells, three miles below the town 
of Detroit. He immediately marched towards the fort. The exact 
number can not be ascertained. General Brock reports his force 
to Sir George Provost, to have been thirteen hundred — seven 
hundred of whom were Indians. According to Captain Snelling, 
who attempted a count as they entered the fort, "there were, in 
advance, the troops of the 41st regiment, in platoons of fourteen 
files, as well as the York militia volunteers, twenty-nine platoons, 
two deep, in red coats ; that the militia j)latoons consisted of no 
more than seven or eight files, and composed one third of the 
whole force — probably seven hundred and fifty whites, of which 
the remaining two thirds were regulars and un-uniformed militia." 

Cotemporary accounts represent that General Hull was per- 
plexed what to do, and greatly agitated. Believing that resist- 
ance was futile, and would lead to the barbarities of an Indian 
massacre, and not insensible to the disgrace of surrendering with- 
out an effort to defend the fort, he, even at this critical moment, 
wavered iu his operations. At first, his troops were drawn up in 



46 ^ LIFE AND TIMES 

order of battle without the fort, his artillery advantageously 
planted, and his army, full of the confidence of victory, awaiting 
the approach of the proud enemy. When it had progressed within 
five hundred yards of the American lines, as if suddenly, and, in 
fact, unexpectedly, to all. General Hull gave that fatal and unac- 
countable order, to retire M'ithin the ramparts of the fortress. To 
say that the officers and men, of all grades and conditions, raised 
an universal cry of indignation, but feebly expresses their outraged 
feelings. They felt that British insolence had triumphed over 
American prowess at the very moment when all were ready to 
pour out their heart's blood upon the hallowed altar of their com- 
mon country, in the defense of its just rights. They had been 
sensible, for many days, that their commander was unfit to be the 
leader of patriots, and lacked the most essential of all qualifica- 
tions — true moral courage. And when they were flattering them- 
selves that they had underrated him, their high hopes were dashed 
to the ground, and all subordination ceased. They crowded in, 
and, regardless of order and without any order from their General, 
stacked their dishonored arms, many dashing them with violence 
upon the ground. Some of those stalwart men wept like children, 
while the spirit of the women, aroused at the indignity, was heard, 
above the din, declaring, in impotent wrath, that the fort should 
not be surrendered. Tlie student of history fails to find a parallel 
in all the records of the past. Hull, perceiving that his power 
had gone from him, and that he no longer was in authority, evinced 
hot haste to put the place under the protection of the British. 
The white flag was run up, flapping on the walls of the dishonored 
fortress; and, without consultation with his officers — with no 
stipulation for the honors of war for an insulted army, nor any 
provision for the safety of his Canadian allies — he concluded a 
capitulation with General Brock ; giving up the public property, 
Burrenderinir the regular troops as prisoners of war, and permit- 
ting the militia to return to their homes, on their parole, not to 
serve again during the war, unless exchanged. 

While this scene was being enacted. Colonels Cass and McAr- 
thur arrived with their troops, eager for battle, having been over- 
taken, late the previous evening, by the messenger despatched to 
recall them. They and their men had promptly obeyed tlie order, 
and had made all haste, keeping under march throughout most 
of the night. 



OF LEWIS CASS. 47 

Along their precipitate march, they occasionally heard firing, 
in the direction of Detroit. This only served to hasten their steps, 
for as Hull sent word by the messenger that General Brock was 
at Sandwich, and had demanded a surrender, they supposed that 
probably the battle had commenced. When near Detroit, they 
learned, from some of the citizens fleeing from danger, that Hull 
had surrendered. They could not credit this unwelcome news. 
They halted, and sent forward scouts, who soon returned with the 
same intelligence. As it was useless to advance, and determined 
not to submit themselves, unconditionally, to the mercies of a 
haughty foe, they fell back, and halted, for refreshment, at the river 
Rouge. They took position near a bridge, which afforded some 
advantages for defense, if necessary. Here they slaughtered an 
ox, roasted, and ate it, without bread or salt, this being their first 
warm meal since they left Detroit, on the fourteenth, except some 
corn and pumpkins. When the meal was deliberately finished, 
Captain Mansfield was sent forward, to learn from the British 
commander upon what terms they were surrendered, and to give 
notice that, if it was unconditional, they should defend themselves. 
Before the return of Captain Mansfield, a British officer. Captain 
Elliott, bearing a flag, and accompanied by some Indians, ap- 
proached the detachment, and delivered to Colonel Mc Arthur a 
note from General Hull, to the efifect that the detachment was 
included in the capitulation, and ordering it to return to Detroit. 
The detachment was compelled to cojnply with this distasteful 
capitulation, however repugnant to their views and inclinations ; 
because, in this case, surrounded by a savage foe, and worn down 
and exhausted by fatigue, it was alike impossible to retreat through 
the woods to Ohio, or overpower the enemy, without provisions, 
and a scanty supply of ammunition. They therefore marched to 
Detroit and surrendered up their arms. But Colonel Cass, stung 
with mortification, when ordered to deliver up his sword, indig- 
nantly declined to do so, and, breaking the blade, threw it away. 



JU 



48 LIFE AND TIMES 



CHAPTER IV. 

General Brock's surprise at his Success— His Keport— Colonel Cass a Prisoner of War— On his Parole- 
Interview with General Brock at Maiden— General Hull ordered to Montreal— Hw Report— Effect 

of the News The Ohio Volunteers on Parole — Reach Cleveland — Colonel McArthur, Senior Officer, 

orders Colonel Cass to Washington — Colonel Cass departs— Sickness at McConnelstowu— The War 
Department Despatch a Jlessenger— Colonel Cass reaches Washington— His Official Letter— His re- 
turn to Zanesville— His Conduct — Opposition to his Report — Mr. Rush— Colonel Cass' Letter to the 
Editors of the National Intelligencer— Mr. Eustis— His Clerk— False Impressions. 

The fort at Detroit had surrendered, and tlie flag of stars and 
stripes no longer floated above its battlements. The British had 
taken possession -without the firing of a gun, or losing of a drop 
of blood. The British commander had performed a valuable ser- 
vice for his government, with unexpected ease and focilitv, and 
without cost of life or treasure. "With the possession of the fort, 
passed the government of the territory. It was now no longer 
American, but British, and General Brock at once proclaimed it, 
and enjoined obedience, investing Colonel Proctor with the reins 
of authority. 

This success to the British arms, appears to liave been unex- 
pected to General Brock, for, in announcing the fall of Detroit, 
in a despatcii written in the hour of triumph, directed to Provost, 
he says, " I hasten to apprise your excellency of the capture of 
this very important post. Twenty-five hundred troops have this 
day surrendered prisoners of war, and about twenty-five pieces 
of ordnance have been taken, without the sacrifice of a drop of 
British blood. I liad not more than six hundred troops, including 
militia, and about six liundred Indians, to accomplish this service. 
"When I detail my good fortunes your excellency will be astonished." 

A few days subsequent to the surrender. Colonel Cass, while 
returning to Ohio, upon parole, was detained at Maiden by a 
heavy wind, which prevented vessels from going out of the Detroit 
river. While there, he met General Brock, to whom General 
Hull had surrendered, and who was delayed by the same cause. 
General Cass had much conversation with him, u])on the events 
of the recent campaign, and found him free and frank in his com- 
munications. He said that when he left the Niagara frontier, he 
had not the remotest expectation of capturing Detroit. He hur- 
ried up with the few troops he could withdraw from that frontier. 



OF LEWIS CASS. 49 

because he had ascertained the exposed condition of the western 
j)art of Upper Canada, M'liich had been invaded by the Ameri- 
cans. It had been reported to him, that miless some demonstra- 
tion was made, the Indians, npon whose co-operation much vahie 
was placed, would abandon the British standard, and return to 
their own country. That they were already discouraged by the 
progress of General HulFs army, and the disaffection was fast 
spreading among them. He could not well leave the scene of oper- 
ations below, but still the circumstances seemed imperative, and 
he therefore hastened to the west, to take such measures as might 
seem necessary. He added, that on his arrival he found the Amer- 
ican troops had abandoned Canada, and re-crossed the Detroit 
river. In this state of things, as he could not remain, it became 
necessary that he should strike some stroke which should preserve 
the confidence of the Indians, and to harrass the enemy, and with 
these views, he passed the line, intending to take a position at the 
Spring Wells, and intercept the communication of General Hull 
with his own country. One of our mails had been taken at Browns- 
town, by the Indians, and its contents had been delivered to Gen- 
eral Brock. He found there the correspondence of General Hull 
with the governors of some of the western states, and also M'ith the 
war department. In it he expressed himself in very desjionding 
terms, as to his position and prospects, and urged the necessity 
of additional reinforcements of men, and supplies of provisions. 
In fact, the destruction of Chicago seemed to destroy any little 
vigor General Hull had left, and from that time his imagination 
was filled with hosts of Indian warriors, who were to surround his 
unlucky command in numbers like the locusts of Egypt. General 
Brock read the feelings of General Hull in his letters, and his 
measures became the more efiicient as his adversary became low- 
ered in his esteem. He supposed that both ammunition and pro- 
visions were much more reduced there than they were, and his 
intention was to establish himself at the Spring Wells, and thus 
reduce us to want, or to compel us to meet him in the field. When 
he landed at the Spring Wells, he learned that there was a large de- 
tachment of the American army in his rear, being the one sent under 
Colonel McArthur and Colonel Cass to the river Kaisin, to escort 
provisions which had been deposited there, and containing about 
three hundred and fifty men, about equal to one half of General 
Brock's force. An old chief came to him immediately after he 



50 LIFE AND TIMES 

landed, and told him that there were American troops on the other 
side of him. lie replied, He did not believe a word he said ; to 
which the chief answered, These old eyes saw the glistening of their 
big knives, (bayonets,) which are fastened to their guns. This 
information was soon corroborated by the statements of other per- 
sons, and General Brock became satisfied that he was in a critical 
position, for, though the result of accident, yet the detachment could 
not ha\'e been placed in a better place to annoy the British. IS^oth- 
ing remained for General Brock, but to make a bold stroke upon the 
fort, or to re-cross the river. The latter movement would have 
demoralized his force, and destroyed all confidence in his opera- 
tions, and the Indians would have left him. lie chose the bolder, 
but the wiser course, and moved up the river to the attack, still 
placing his main hope in the character of his antagonist. lie was 
anxious to finish his work before the absent detachment should 
return. The reliance he placed upon the character of General 
Hull, proved correct, though he under-estimated his means of 
resistance. Unfortunately for the credit of our country, resistance 
there was none. An army, a fort, and a territory, were surren- 
dered without firing a gun, or s^jilling a drop of blood. It is the 
only instance of such an unredeemed disgrace in our military 
annals. There is little danger that there will be another. 

The tidings of this untoward disaster traveled all over the Un 
ion with great celerity. The opponents of the war took courage, 
and were lavish wuth their censure, while its advocates and sup- 
porters were dumb with amazement. The facts were distorted, 
and a reliable account of the transaction difiicult to be obtained. 
General Hull stood high in the confidence of his government, and 
was reputed to be a man of valor and experience. It was known 
that the army entrusted to his command consisted mostly of volun- 
teers from Ohio, and to this circumstance, more than any other, 
did the public niind, in the first utterance of its uncontrollable 
indignation, attribute the calamity. The brave officers, who had 
left their homes and families for the fatigues and privations of the 
soldier, came in for an inordinate share of derision, and upon 
their heads was profusely showered the wrath and scorn of all 
parties. 

But in due time, as we shall presently see, truth rose above 
these clouds of obloquy and censure, and wrung from the most 
prejudiced foe, an expression of his con,viction that it was the 



OF LEWIS CASS. 61 

General, and not Lis subordinates, wlio had cowered in disgrace 
before tlie ^rowl of the British lion. 

General Hull was ordered to Montreal, and it was a long time 
before his official report reached the Secretary of War. But it 
finally reached the department, bearing unqualified testimony to 
the gallant spirit which pervaded his oflicers and men. " A large 
portion of the brave and gallant officers and men I commanded," 
says he, " would cheerfully have contested until the last cartridge 
had been expended and their bayonets worn to the sockets. It is 
a duty I owe my associates in command, Colonels McArthur, 
Findlay, Cass, and Lieutenant Colonel Miller, to express my obli- 
gations to them for the prompt and judicious manner they have 
performed their respective duties. If aught has taken place during 
the campaign which is honorable to the army, these officers are 
entitled to a large share of it. If the last act should be disap- 
proved, no part of the censure belongs to them.'" , 

The Ohio volunteers repaired to their homes, on their parole 
not to serve again during the war, unless exchanged, way-worn 
and dejected. To a man, they felt that the result of the unfortu- 
nate expedition, under Hull, would fill a sad page in the history 
of their country. Conscious of having performed their whole duty 
with a hearty will, they lingered on the way, almost ashamed to 
meet the faces of their friends and fellow-citizens. Censure, un- 
merited though it was, did not escape their ears. Sensitive of 
their wounded honor, they were anxious that their government 
and the whole country should be fully apprised of the facts as 
they had occurred. With this view, and in compliance with their 
earnest request, as soon as they reached Cleveland, in their own 
State, Colonel McArthur, their senior officer, ordered Colonel 
Cass to proceed to Washington, to render an account of the catas- 
trophe. 

Colonel Cass, with sorrow, exchanged salutations with his com- 
panions in arms, and immediately set out for the seat of govern- 
ment. He traveled on, without delay, as rapidly as his convey- 
ance and his health would admit of, until he reached McConnels- 
town, in the State of Pennsylvania. Here, worn down by anxiety, 
exposure, and fatigue, and his system filled with the noxious 
miasma of swamps and marshes, he was attacked with a severe 
fever, which raged at its hight for several days. In the mean- 
time, Colonel McArthur had informed the War Department, by 



52 LIFE AND TIMES 

post, that Colonel Cass was on his way, and would make a full 
and reliable report, as soon as he reached the capital. As no 
despatch was received from Hull, and none, with much confidence, 
expected, for some time to come at least, the government awaited 
Colonel Cass' arrival with great solicitude Learning of his ill- 
ness, and impatient for his communication, a messenger, with a 
carriage, was sent on to McConnelstown, and measures taken for 
his safe conveyance to Washington. Upon his arrival there, he 
forthwith submitted the following report to the government : 

"Washington, September 12th, 1812. 

Sir : — Having been ordered on to this place by Colonel Mc- 
Arthur, for the purpose of communica^ting to the government such 
particulars respecting the expedition lately commanded by Brig- 
adier General Hull, and its disastrous result, as might enable 
them correctly to appreciate the conduct of the officers and men, 
and to develope tlie causes which produced so foul a stain upon 
the national character, I have the honor to submit, for your con- 
sideration, the following statement : 

When the forces landed in Canada, they landed with an ardent 
zeal, and stimulated with the hope of conquest. No enemy ap- 
peared in view of us, and had an immediate and vigorous attack 
been made upon Maiden, it would doubtless have fallen an easy 
victory. I know General Hull afterwards declared he regretted 
this attack had not been made, and he had every reason to believe 
success would have crowned his efforts. The reason given for 
delaying our operation was, to mount our heavy cannon, and to 
afford to the Canadian militia time and opportunity to quit an 
obnoxious service. In the course of two weeks, the number of 
their militia, who were embodied, had decreased, by desertion, 
from six hundred to one hundred men ; and, in the course of three 
weeks, the cannon were mounted, the ammunition fixed, and every 
preparation made for ah immediate investment of the fort. At a 
council, at which were present all the field officers, and which was 
held before our preparations were completed, it was unanimously 
agreed to make an immediate attempt to accomplish the object 
of the expedition. If, by waiting two days, we could have the 
service of our heavy artillery, it was agreed to wait ; if not, it 
was determined to go without it, and attempt the place by storm. 
This opinion appeared to correspond with the views of the General, 



OF LEWIS CASS. 53 

and the day was appointed for commencing onr march. lie de- 
chxred to nie tliat he considered himself pledged to lead the army 
to Maiden. The ammunition was placed in the wagons ; the 
cannons were embarked on board the floating batteries, and every 
requisite was prepared. The spirit and zeal, the ardor and ani- 
mation displayed by the officers and men, on learning the near 
accomplishment of their M'ishes, was a sure and sacred pledge that, 
in the hour of trial, they would not be found wanting in duty to 
their country and themselves. But a change of measures, in op- 
position to the wishes and oj)inions of all the officers, was adopted 
by the General. The plan of attacking Maiden was abandoned, 
and, instead of acting offensively, we broke up our camp, evac- 
uated Canada, and re-crossed the river in the night, without even 
the shadow of an enemy to injure us. We left, to the tender 
mercies of the enemy, the miserable Canadians who had joined 
us, and the protection we afforded them was but a passport to 
vengeance. This fatal and unaccountable step dispirited the troops, 
and destroyed the little confidence which a series of timid, irreso- 
lute, and indecisive measures had left in the commanding officer. 

About the 10th of August, the enemy received a reinforcement 
of four hundred men. On the 12th, the commanding officers of 
three of the regiments, (the fourth was absent,) were informed, 
through a medium which admitted of no doubt, that the General 
had stated that a capitulation would be necessary. They, on the 
same day, addressed to Governor Meigs, of Ohio, a letter, of 
which the following is an extract : 

' Believe all the bearer will tell you. Believe it, however 
it may astonish you, as much as if told by one of us. Even a 

c is talked of by the . The bearer will fill the 

vacancy.' 

The doubtful Me of this letter, rendered it necessary to use 
circumspection in its details, and therefore the blanks were left. 
The word ' capitulation' would fill the first, and 'commanding 
general' the other. As no enemy was near us, and as the supe- 
riority of our force was manifest, we could see no necessity for 
capitulating, nor any propriety in alluding to it. We then deter- 
mined, in the last resort, to incur the responsibility of divesting 
the General of his command. This plan was eventually prevented 
by two of the commanding officers of regiments being ordered 
upon detachments. 



54: LIFE AND TIMES 

On the lotli, the British took a position opposite Detroit, and 
began to throw up works. During that and the two following 
days, they pursued their object without interruption, and estab- 
lished a battery for two eighteen pounders and an eight inch how- 
itzer. About sunset on the 14th, a detachment of three hundred 
and fifty men, from the regiments commanded by Colonel JVIcAr- 
thur and myself, was ordered to march to the river Raisin, to 
escort the provisions, which had some time remained there, pro- 
tected by a party under the command of Captain Brush. 

On Saturday, the 15th, about one o'clock, a flag of truce arrived 
from Sandwich, bearing a summons, from General Brock, for the 
surrender of the town and fort of Detroit, stating he could no 
longer restrain the fury of the savages. To this, an immediate 
and spirited refusal was returned. About four o'clock, their bat- 
teries began to play upon the town. The fire was returned, and 
continued, witliout interruption, and with little efiect, till dark. 
Their shells were thrown till eleven o'clock. 

At daylight, the firing on both sides re-commenced ; at the 
same time, the enemy began to land troops at the Spring AVells, 
three miles below Detroit, protected by two of their armed vessels. 
Between six and seven o'clock, they had effected their landing, 
and immediately took up their line of march. They moved in a 
close column of platoons, twelve in front, upon the bank of the 
river. 

The fourth regiment was stationed in the fort ; the Ohio volun- 
teers and a part of the Michigan militia, behind some pickets, in 
a situation in which the whole flank of the enemy would have 
been exposed. The residue of the Michigan militia were in the 
upper part of the town, to resist the incui-sions of the savages. 
Two twenty-four pounders, loaded with grape sliot, were posted 
on a commanding eminence, ready to sweep the advancing column. 
In this situation, the superiority of our position was apparent, and 
our troops, in the eager expectation of victor}'', awaited the ap- 
proach of the enemy. Not a sigh of discontent broke upon the 
ear; not a look of cowardice met the eye. Every man expected 
a proud day for his country, and each was anxious that his indi- 
vidual exertion should contribute to the general result. 

"When the head of their column arrived within about five hun- 
dred yards of the head of our line, orders were received from 
General Hull fur the whole to retreat to the fort, and for the 



OF LEWIS CASS. 55 

twenty-four pounders not to open upon the enemy. One univer- 
sal burst of indignation was apparent upon the receipt of this 
order. Those, whose conviction was the deliberate result of a 
dispassionate examination of passing events, saw the folly and 
impropriety of crowding eleven hundred men into a little work 
which three hundred men could fully man, and into which the 
shots and shells of the enemy were falling. The fort was, in this 
manner, tilled ; the men were directed to stack their arms, and 
scarcely was an opportunity afforded of moving. Shortly after, a 
white flag was hung out upon the walls. A British officer rode up 
to inquire the cause. A communication passed between the com- 
manding generals, which ended in the capitulation submitted to you. 
In entering into this capitulation, the General took counsel from his 
own feelings only. Not an officer was consulted. Not one antici- 
pated a surrender, till he saw this white flag displayed. Even the 
women were indignant at so shameful a degradation of the Amer- 
ican character, and all felt but he who held in his hands the reins 
of authority. 

Our morning report had that morning made our effective force 
present, fit for duty, one thousand and sixty, without including the 
detachment before alluded to, and without including three hundred 
of the Michigan militia on duty. About dark, on Saturday evening, 
the detachment sent to escort the provisions received orders from 
General Hull to return with as much expedition as possible. About 
ten o'clock the next day, they arrived within sight of Detroit. Had 
a firing been heard, or any resistance visible, they would have 
immediately advanced and attacked the rear of the enemy. The 
situation in which this detachment was placed, although the result 
of accident, was the best for annoying the enemy and cutting off 
his retreat, that could have been selected. "VYith his raw troops, 
enclosed between two fires, and no hope of succor, it is hazarding 
little to say, that very few would have escaped. 

I have been informed by Colonel Findlay, who saw the return 
of the quartermaster general the day after the surrender, that their 
whole force, of every description, white, red, and black, was one 
thousand and thirty. They had seventy-nine platoons, twelve in 
a platoon, of men dressed in uniform; many of these were evidently 
Canadian militia. The rest of their militia increased their whole 
force to about seven hundred men. The number of Indians could 
not be ascertained with any degree of precision ; not many were 



56 LIFE AND TIMES 

visible, and in tlie event of an attack, could afford no material 
advantage to the enemy. 

In endeavoring to appreciate the motives, and to investigate the 
causes which led to an event so unexpected and dishonorable, it 
is impossible to find any solution in the relative strength of the 
contending parties, or in the measures of resistance in our power. 
Tliat we were far superior to the enen\y ; that upon any ordinary 
principle of calculation, w^e would have defeated them, the wounded 
and indignant feelings of every man there will testify. 

A few days before the surrender, I was infoi-med by General 
Hull, we had four hundred rounds of twenty-four pound shot fixed, 
and about one hundred thousand cartridges made. We surren- 
dered with the fort, forty barrels of powder and twenty-five hun- 
dred stand of arnrs. 

The state of our provisions has not been generally understood. 
On the day of the surrender, we had fifteen days' provisions of 
every kind on hand — of meat, there was plenty in the country, 
•and arrangements had been made for purchasing and grinding 
the flour. It was calculated we could readily procure three months' 
provisions, independent of one hundred and fifty barrels of flour 
and thirteen hundred head of cattle, which had been forwarded 
from the State of Ohio, which remained at the river Raisin, under 
Captain Brush, within reach of the army. 

But had we been totally destitute of provisions, our duty and 
our interest undoubtedly was to fight. The enemy invited us to 
meet him in the field. 

By defeating him, the whole country would have been open to 
us, and the object of the expedition gloriously and successfully 
obtained. If we had been defeated, we had nothing to do but to 
retreat to the fort, and make the best defense which circumstances 
and our situation rendered practicable. But basely to surren- 
der, without firing a gun — tamely to submit, without raising a 
bayonet — disgracefully to pass in review before an enemy, as infe- 
rior in quality as in the number of his forces, were circumstances 
which excited feelings of indigiuition, more easily felt than des- 
cribed. To see the whole of our men flushed with the hope of 
victory, eagerly awaiting the approaching contest, to see them 
afterwards dispirited, hopeless, and desponding, at least five hun- 
dred shedding tears because they were not allowed to meet their 
country's foes, and fight their country's battles, excited sensations 



OF LEWIS CASS. 57 

which no American has ever before had cause to feel, and which, 
I trust in God, will never again be felt, while one man remains 
to defend the standard of the Union. 

I am expressly authorized to state, that Colonel McArthur and 
Colonel Findlaj, and Lieutenant Colonel Miller, viewed this trans- 
action in the light which I do. They know, and feel, that no cir- 
cumstances in our situation, none in that of the enemy, can excuse a 
capitulation so dishonorable and unjustifiable. This, too, is the 
universal sentiment among the troops ; and I shall be surprised to 
learn that there is one man who thinks it was necessary to sheathe 
his sword or lay down his musket. 

I was informed by General Hull, the morning after the capitu- 
lation, that the British forces consisted of one thousand eight hun- 
dred regulars, and that he surrendered to prevent the effusion of 
human blood. That he magnified their regular force near five 
fold, there can be no doubt. Wlietlier the philanthropic reason 
assigned by him is a justification for surrendering a fortified town, 
an arm}^ and a territory, is for the government to determine. 
Confident I am, that had the courage and conduct of the General 
been equal to the spirit and zeal of the troops, the event Vv'ould 
have been brilliant and successful, as it now is disastrous and 
dishonorable. 

Very respectfully, sir, 

I have the honor to be 

Your most obedient servant, 

Lewis Cass, 
Colonel 3d Regiment Ohio Volunteers. 

The Honorable William Eustis, 

Secretary of War. 

The appearance of this report created a profound sensation in 
the public mind, and was published and commented upon in all 
the leading newspapers throughout the country. The political 
party known as the Federal j^arty, was violently opposed to the 
war, and the surrender of Detroit, wdule carrying dismay among 
the friends of the national administration, ajipeared to madden 
its enemies with a species of joy, bordering upon ferocity. The 
intervening month had been industriously improved by the Fede- 
ralists, to prostrate it under that disaster. The good name of Mr. 
Madison did not shield him from malevolence, and the eflPort now 



68 LIFE AND TIMES 

was, to shake public confidence in tlie authenticity of Colonel 
Cass' statements ; and they sought to demolish him and his report 
by the most fiery denunciations and incessant vituperation. They 
arraigned him before the bar of public opinion, relying upon the 
apologetical report of Hull to sustain their accusations. The doc- 
uments in his possession, however, triumphantly sustained the 
young and gallant colonel, and when driven to the wall, his dis- 
comfited assailants contented themselves with criticising his lan- 
guage and style, and finally rested upon the position that, after 
all, he was not the author of the report, but had made his bow to 
the people in borrowed plumage, kindly furnished for the occasion 
by Eicliard Eush, then the Comptroller of the Treasury. 

No person can fail to perceive that this distinguished report 
contains a clear and full narrative of the surrender. It was well 
received by the government, and by a large majority of the people. 
Although " a fortified post, an army, and a territory" had been 
lost, at tlie very commencement of hostilities, yet it was apparent 
to every candid mind, tliat tlie disaster was attributable to the 
weakness and incompetency of the commanding general, and not 
to the want of bravery or discipline on the part of his ofticers and 
men. 

Colonel Cass, soon after submitting his report to the Secretary 
of "War — his liealth being sufficiently recruited to enable him to 
travel — left the capital, and journeyed homeward, and joined his 
family near Zanesville, in the early part of October. Notwith- 
standing he was now a prisoner of war, at large on his parole, yet 
he had no occasion to be ashamed of his military career, thus fiir. 
Whenever the opportunity was ofiiered him, he had conducted 
himself with honor and courage. No man did more to keep up 
the drooping ardor of his General. Of all the command, he was 
first to step on the enemy's soil — of all the ofiicers, he was first in 
battle. The first victory, and the first laurel, in the long train so 
gallantly won by his countrymen on land and sea, was his. Nor 
did he avail himself of the present occasion to drowse in domestic 
repose, but, with his voice and pen, was constantly calling upon 
his fellow-citizens, undismayed by the misfortune of the past, to 
rally around the patriot Madison, and sustain his administration 
at every cost and hazard. An intense hatred of monarchy, and 
all its aristocratic institutions, was a part of his very nature, and 
it had full scope in tlie contest now waged with England. 



OF LEWIS CASS. 59 

The opponents of the war measures omitted no occasion to cast 
odium and contempt upon Mr. Madison and his cabinet, and were 
unceasing in their eflbrts to disparage and throw discredit upon all, 
especially upon those whose testimony might serve to show that 
the administration was able and patriotic ; and hence the rumors, 
forged to order, of the incapacity of Colonel Cass. But the patri- 
otism and talents of the young warrior were too brilliant to be 
tarnished by sucli means, and the people too intelligent not to 
understand that these rumors were the offspring of an envious and 
hostile faction. 

So much was said at Washington about the authorship of " the 
report," and had been reiterated elsewhere, that Mr. Eush, of his 
own accord, transmitted to Colonel Cass, at his residence in Ohio, 
a letter in denial, with a copy of the Intelligencer containing the 
statement. Although Colonel Cass, of course, was aware that the 
accusation was traveling the rounds of the Federal press, yet hith- 
erto he had not deemed it of sufficient importance to merit any 
notice. But as it was now announced, in unmeasured terms, in 
an influential paper at Washington, at the door of the War De- 
partment, he could do no less than forward to the editors of the 
National Intelligencer, for publication, the following note : 

" To the Editors of the National Intelligencer : 

Gkntlemen : — I transmit to you, for publication, the enclosed 
letter, politely, and without solicitation, addressed to me by Mr. 
Hush. 

So far as respects myself, the tale it refutes merits no consider- 
ation, and would meet no attention. Whether I am competent to 
the task of relating plain facts, many of which I saw, and on all 
of which I have had the feelings and information of hundreds to 
guide me, is a question of no importance to the public, and of no 
interest to those editors who have asserted or insinuated it. But 
it is deeply interesting to their passions and pursnits, that every 
account which tends to exonerate the government from all partici- 
pation in the event of an expedition feebly conducted, and in a 
capitulation dishonorably concluded, should be assailed openly 
and covertly. I was aware that every man who should attempt 
by a disclosure of the truth, to give correct information, must 
expect to have his motives impugned and his character assailed, 
with all the rancor of malignity and eagerness of party. As I felt 



60 LIFE AND TIMES 

no disposition to covet, so I trust there was no necessity for avoid- 
ing, an investigation like that. I had witnessed the irritation of 
feeling, and the latitude of observation, in many papers of the 
country. 

The terms ' conscripts,' a ' little still-born army,' and every 
injurious and opprobrious epithet which party zeal could lavish 
upon western patriotism and enterprise, I have observed with 
regret, but without surprise. But I had to learn that the editor 
of a ncM'spaper, upon his own responsibility, would propagate a 
tale so false and unqualified as that in the United States Gazette, 

of October last. The letter transmitted will show what credit 

is due to the assertions of men who can discover little to condemn 
in an enemy's government, and none to apj)rove in their own. 

I can not resist the present opportunity of placing in a proper 
point of view, a transaction misrepresented with all the virulence 
of faction. The capitulation for the surrender of Detroit, contained 
no stipulations allowing the commanding officer to forward to his 
government an account of the causes which produced, and of the 
circumstances which attended, so unexpected an event. The 
commanding ofiicer himself became an unconditional prisoner of 
war. Ilis liberation, or the intelligence he might communicate to 
his own government, depended on the interest or caprice of the 
enemy. In this situation, on the arrival of Colonel McArthur 
within the jurisdiction of the United States, he became the senior 
ofiicer of those troops which, by the capitulation, were permitted 
to return home ; and as such, it became a matter of duty to report 
himself to the government, and of propriety, to communicate to 
them all the intelligence in his power. For this jDurpose, the 
second ofiicer in command present, was ordered to repair to the 
seat of government. On his arrival, he found the rumor of the 
disaster had preceded him, and that information was anxiously 
and impatiently expected. Public report had informed the gov- 
ernment that they had lost a fort, an army, and a territory, but 
of the remote or direct causes which occasioned it, of the situation 
of their own troops, or of the designs of tlie enemy, they were 
profoundly ignorant. Were they, in this situation, fastidiously to 
reject profiered information, and continue willfully ignorant of a 
transaction so striking in its features, and so important in its con- 
sequences to the peace and character of a nation ? or were they 
not compelled, by duty, to seek every means of information, in 



OF LEWIS CASS. 61 

order with promptitude to repair the evil, and with vigilance pre- 
vent the repetition of a similar one ? Their duty surely can not be 
mistaken by the most bigoted zealot of party. The act, then, of 
communicating intelligence, and of receiving it, was not merely 
natural, but commendable. It was a duty over which the govern- 
ment had no control. As the officer gave it, they must receive 
it, neither accountable for the manner nor the accuracy of his 
relations. 

The question which has been so ably discussed, whether this 
statement is official, in itself a very clear one, will become impor- 
tant and interesting when disputes about words shall again agitate 
the feelings and divide the opinions of the world. Until then, it 
is cheerfully relinquished to those who have so learnedly investi- 
gated it. 

That an officer in his report must confine himself to those facts 
which passed within his own observation, and to which he could 
testify in a court of justice, is among the moral and extraordinary 
pretensions to which this communication has given birth. Mea- 
gre, indeed, would be every similar statement, were such a prin- 
ciple correct in theory, or supported by ]:)ractice. In a compli- 
cated transaction, it would present but a skeleton of a report, 
omitting many interesting details essential to a correct view of the 
subject, and necessary in the succession of facts which connect 
causes witli their consequences. It would require almost as many 
reports as there were actions, and instead of a faitliful sketch by a 
single hand, a motley and discordant group of objects would meet 
the eye, exciting little interest, and conveying little information. 
But independently of any speculative views which may be taken 
of the subject, it is sufficient to refer every candid and dispassion- 
ate observer, to the report of military transactions which daily 
appear in our and in other countries. The futility of the objection 
will at once be exposed, for it will be found that a report is sel- 
dom, if ever, made without violating this rule, for the first time 
applied as the standard to the statement of an officer of the most 
important military event which has occurred for many years in 
the history of his country. 

The propriety of publishing such a report, remains duly to be 
investigated. In a government, formed on the power and sup- 
ported by the confidence of the people, the right of the public to 
receive information on all national transactions, is too clear to 



62 LIFE AXD TIMES 

require support or to fear denial. Whether a battle be "won or 
lost — whether the event be brilliant or disastrous — the duty of 
communicating, and the right of claiming information, is the same. 
For weeks after the surrender of an important post, while the 
public mind is agitated and pul^lic expectation is alive, the govern- 
ment receives from an officer, despatched by a senior officer within 
their jurisdiction and subject to their control, a statement of the 
circumstances which preceded and accompanied the transaction. 
Two weeks would have been sufficient for the commanding officer 
to have forwarded his despatches, had the capitulation conferred 
on him the right, or the enemy the favor of doing it immediately 
subsequent to the surrender. The government had a right to 
conclude the privilege was refased him, or the duty omitted by 
him. That portion of the troops which, by the capitulation, were 
to be conveyed to the United States, afforded a secure opportu- 
nity for this purpose. This having failed, it became uncertain at 
what period his communication would be received. Was the 
government then to withliold the information they possessed be- 
cause tlie information attributed the failing of the expedition to 
the commanding officer? The character of the nation, the repu- 
tation of the government and of every individual embarked in that 
expedition, were involved in its issue. Was it of any importance, 
by a correct disclosure of facts, to redeem the public character and 
feelings ? Was it of no importance, by placing, in a proper point 
of view, the features of the transaction, to show that the boasts of 
the enemy were as vain as their conquest was bloodless? To 
prove to our country that her sons might yet be led on to battle, 
and perhaps to victory ? The government, too, had a reputation 
to lose. That reputation was eagerly assailed. The failure of 
the expedition was attributed to the want of preparation, and the 
measures respecting it were characterized as imbecile and igno- 
rant. The forbearance demanded was far from being granted. 
So far as respects the commanding officer, the details of an unfor- 
tunate expedition must be shrouded in Delphic obscurity, and the 
public await, in dubious suspense, the tedious process of military 
investigation. But every little nameless paper is at liberty to 
display its brilliant wit and sarcastic remarks at the expense of 
those who planned and ordered the expedition. Their reputation 
awaits the result of no trial. They must be offered up, an expia- 
tory sacrifice, upon the -altar of public indignation. The contem- 



OF LEWIS CASS. 63 

plated investigation, wliich is ultimately to determine the respect- 
ive measure of merit and of blame, here becomes unnecessary. 
Its result is anticipated with that confidence which ought only to 
be inspired by an accurate knowledge of the attendant circum- 
stances. To require, in such a situation, a studious concealment 
of those facts which would enable the public correctly to appre- 
ciate the conduct of all, is to require a species of forbearance as 
little suited to the practice as the duties of life. I am aware that 
nothing which can be said upon this subject, will, with many, 
carry conviction or produce acknowledgment. The most obvious 
considerations of reason and of justice will be overlooked. Such, 
in the conflicts of opinion and the collision of party, has always 
been the case. But truth will ultimately prevail, and the public 
will evidently be enabled correctly to estimate the conduct of all 
who have had any agency in a transaction so deeply interesting 
to their character and feelings. 
November 20th, 1812. 

(Signed,) Lewis Cass." 



The enclosure referred to, reads as follows : 

" Washixgtox, November 3d, 1812. 

Deak Sir :— It was not until after I had had the pleasure to 
see you, and for some time after you left Washington, that the 
foolish insinuation, which has appeared in some of the newspapers, 
of my having been concerned in writing the letter you addressed 
to the Secretary of War, first came to my ears ; nor have I, to 
this day, seen the insinuation in print. 

I would have contradicted it at once, but that it seemed to me 
quite superfluous, and that it would be to confer a notice upon it 
which its idle character did not deserve. In what so strange an 
untruth could have originated, I am sure I know not ; neither 
can I divest myself of embarrassment in thus troubling you with 
a line about it. I have not yet heard it said that I wrote the 
address you delivered to the volunteers of Ohio in the spring, 
before I had the pleasure to see or to know you ; and yet it is 
certain that I wrote as much of that as I did of your letter to the 
Secretary of War. 

I sincerely hope your health has been re-established since you 
left Washington, and that, to other causes of regret, connected 



Q4, ' LIFE AND T[MES 

with your march to Detroit, there will not be added that of any 
permanent injury to your constitution. 

Believe me, dear sir, with great respect and esteem, 

Your obedient servant, ^ 

(Signed,) Richard Rush." 

This unanswerable rejoinder of Colonel Cass, silenced, for the 
time being, the batteries of the opposition, and many of the con- 
ductors of the public press had the magnanimity to insert it in 
their columns. " In what so strange an untruth could have origi- 
nated," remained a profound mystery for some time. But it 
turned out to be the fact, that one of the clerks in the bureau of 
Mr. Rush happened into his office when Colonel Cass was read- 
ing the report to him, prior to its presentation to Mr. Eustis, the 
Secretary of War, and this clerk took it for granted, but untruly, 
that Colonel Cass had drawn up the report agreeably to some 
previous understanding with Mr. Rush, and was then submitting 
it to him for revision and correction. Not content with simply 
stating what he saw and heard, (and which, indeed, would have 
been a violation of the confidential relations existing between the 
head of a bureau and his clerk, especially at that critical juncture 
of public afitiirs,) he had the eff'rontery to intimate to the enemies 
of the government, that Colonel Cass was a mere puppet in the 
hands of the Comptroller of the Treasury. The circumstance, 
that this person was so near to Mr. Rush in the public employ- 
ment, gave color to the truth of his intimation, (which, in the 
end, he admitted was the mere coinage of his own brain,) and 
was seized upon with avidity to annoy the administration. 

The report, as subsequent proofs attested, told the truth and the 
whole truth. As Mr. Madison was a member of Mr. Jefferson's 
cabinet in ISOG, he had occasion to know the character of Colonel 
Cass, and unhesitatingly placed implicit reliance in his state- 
ments, as coming from a man of truth and of steadfast attach- 
ment to the measures of the government. 

Mr. Rush stood deservedly high in the confidence of the Presi- 
dent, and his patriotism was unquestioned by both friend and foe. 
He and Colonel Cass were known to each other, by reputation, as 
leading members of the same political party, in their respective 
States ; both were ardent advocates of tlie necessity of the war, 
and unwavering supporters of all the measures brought forward 



OF LEWIS CASS. g5 

to carry it on to success ; both appreciated each other's feelings 
at Hull's disgraceful surrender, and were alike sensitive to the 
inflammatory appeals, daily made by the friends of England, to 
excite the prejudices of the people of the country. It was but 
natural, therefore, that Mr. Rush should make Colonel Cass' 
acquaintance, upon his reaching the seat of government, and 
evince an intense anxiety to be made acquainted with the posture 
of affairs at the north-west ; and it was equally natural that Col- 
onel Cass should be perfectly willing to gratify his friend, occu- 
pying a confidential position under the administration, and, as the 
most satisfactory mode of doing so, should read to him his report 
to the Department of "War. He did so, and Mr. Rush, unlike his 
silly clerk, had the good sense not to precede that department in 
its promulgation to the world. 
5 



SQ LIFE AND TIMES 



A 



CHAPTER T. 

Action of War Department— Of Congress — General Assembly of Ohio— Confidence in Colonel Cass — Col- 
onel in U. S. Army — Raises a Regiment — Elected Major General of the Militia — Appointed Brigadier 
General in U. S. Army — Joins the Army under General Harrison at Senecatown — Ardor of his 
Command — General Harrison's Confidence in him — The Enemy at Lower Sandusky— Major CroR- 
han — His Gallant Defense — Artifice of the British Officers— General Harrison marches to Sandusky 
— Perry's Victory — Embarkation on Lake Erie — Harrison assigns Command of Debarkation to Gen- 
eral Cass— Arrival at Maiden — Proctor's Retreat— Council of War — Pursuit of Proctor — Battle of the 
Thames— Defeat and Flight of Proctor— Pursued by General Cass — Harrison's Testimony to Gene- 
ral Cass' Personal Exertions — His Bravery. 

The administration, acting upon the report of Colonel Cass, 
verified by the unanimous approbation of all his fellow soldiers, 
no longer doubted that the disastrous result at Detroit was attrib- 
utable to the incapacity and cowardice of Hull, and took vigorous 
steps to retrieve the honor of the American arms. Congress 
assembled on the fourth of November, after an unusually short 
recess, and the President immediately invited its attention to the 
state of aftairs at the north-west. An increase of the army was 
recommended. 

The surrender of Detroit, instead of repressing, stimulated the 
ardor and patriotism of the hardy settlers of the western country, 
and Ohio had put on foot by the time Congress assembled, some 
three thousand additional volunteers. In December, Colonel Cass 
was appointed a Major-General of the Ohio militia, but being yet 
on his parole, unexchanged, he could not then take an active part iu 
the war. The General Assembly of Ohio also, in the same month, 
adopted resolutions complimentary to their volunteers, and tender- 
ino- the thanks of the State to the officers and soldiers for their 
patriotism, bravery, and general good conduct during the late 
campaign. 

On the fourteenth day of January, 1813, Congress authorized 
the military force to be increased by such a number of regiments 
of infantry, not exceeding twenty, as the good of the service 
might require, and repealed, at a subsequent day of the same ses- 
sion, the law authorizing the further acceptance of volunteers. As 
the patriotism of Ohio was unquestioned, and her citizens had 
manifested a readiness on so many trying occasions to answer the 
call of their country, the President resolved to raise two regiments 
of regular troops in that State, to wit, the twenty-sixth and the 



OF LEWIS CASS. 67 

twenty-seven til. The raising and organization of tlie last was 
committed to Colonel Cass. He was exchanged and released 
from his parole about the middle of January, 1S13, and was, there- 
fore, again in a situation to report for duty. He accepted the 
appointment of the President, and was commissioned a colonel in 
the regular service. And so great was the confidence of the gov^- 
ernment in his ability and judgment, that he was clothed with 
authority to select his own officers (except the field officers,) for 
the regiment to be placed under his command. 

Colonel Cass received his new commission in person at "Wash- 
ington, and soon afterwards repaired to Ohio, to fill up his com- 
mand. "Without difficulty, he succeeded beyond his most sanguine 
anticipations. It was stirring times there. Mortified beyond 
measure of expression at the cheap victory of the British, the men 
of Ohio meant it should be a barren one. And, as they did not 
now permit themselves to doubt that the Indians, controlled by the 
arts and eloquence of Tecumseh, were firmly attached to the cause 
of Great Britain, they came forward and offered their services. 
The ranks of the twenty-seventh regiment, as well as those of the 
twenty-sixth, were filled up by the ensuing month of March, and 
reported ready for duty. The rank of Brigadier General in the 
Army of the United States was now conferred upon Colonel Cass, 
as a reward for his meritorious services and unflinching fidelit}*-, 
and because the government desired to avail itself of the benefit 
of his invaluable judgment and bravery in the campaign of the 
ensuing year. The United States, in April, was divided into nine 
military districts, and Brigadier General Cass was assigned for 
duty in the eighth, under the command of Major General "William 
H. Harrison, comprising the States of Ohio and Kentucky, and 
the Territories of Indiana and Michigan. 

In conformity to his orders. General Cass left the seat of gov- 
ernment early in the spring, and proceeded to the west, to place 
himself at the head of his brigade. He joined General Harrison 
at Senecatown in the month of July, with an effective command ; 
and with enthusiastic ardor he looked forM'ard to the hour when, 
by the blessing of Providence, he should have the unspeakable 
pleasure of again beholding the glorious stars and stripes floating 
in triumph from the flag-staff of Fort Detroit. 

The object of the present expedition was, the capture of the 
British army, and re-possession of the lost Territory of Michigan, 



^ 



^- 



68 LIFE AND TIMES 

The plan of the campaign was to invade Canada by Maiden, and 
having reduced that stronghold of the enemy, to march upon 
Detroit. Aside from the unfuasiblcness of the route bv land, at 
the head of Lake Erie, Tecumseli's trained bands roamed in too 
great numbers along the edges of the swamps, and over the bound- 
less forests, ready to harass the troops on the march, to justify 
a movement in that direction. The enemy's war vessels, ready 
for a hostile engagement, were also ready to intercept, if an effort 
was made to cross by water; and as General Harrison was directed 
to act in conjunction with Commodore Perry, then fitting out a 
fleet at Erie, lower down the lake, it was determined to remain 
at Senecatown until that flotilla arrived to transport the army 
to Canada. Here the army remained, employed in drilling and 
other necessary duties, until the junction of the Kentucky militia, 
under Governor Shelby, and the victory of Periy, upon Lake 
Erie, enabled General Harrison to commence offensive operations. 
Subsequent events proved the wisdom of this determination. It 
is to be borne in mind, likewise, by the candid inquirer after 
truth, that the forces, prior to the arrival of the Kentucky troops, 
were comparatively few, and had been hastily collected : that the 
advices to head-quarters were to the effect that the proper author- 
ities were making arrangements to furnish the army with rein- 
forcements from all parts of the west ; that magazines were form- 
ing, and supplies preparing for the accomplishment of the ukimate 
object of tliis campaign, as soon as the state of the arrangements 
and the anticipated command of the lake, should enable the army 
to move forward with a reasonable prospect of success ; that the 
sti-ength of the enemy, in regular troops, militia, or Lidians, was 
wholly unknown to the commanding officer, and tliat upon that 
army rested the last hope of safety for the frontier. It was the 
point of concentration, and if destroyed, the country would have 
been laid waste far into the interior, and the prosecution of another 
offensive campaign during that year, would have been rendered 
impossible. Such interests were too great to be put to hazard by 
a false movement, and General Harrison, aided by the constant 
advice and presence of General Cass, with whom he consulted 
more than any other officer, resolved to await the result at Seneca- 
town and there to defend himself, if attacked, to the last extremity. 
The course adopted was approved by all the superior officers who 
were with him. 



OF LEWIS CASS. 69 

On the first of xlugust, one of the scouting parties sent out by 
Genez-al Harrison, returned from the hike shore to camp, and 
reported that they had discovered, the day before, the enemy in 
force near the mouth of the Sandusky bay, nine miles to the nortli- 
ward. In the course of the next day, listening with anxiety in the 
environs of his camp, General Harrison, having heard the report 
of cannon in the direction of the lake, made several attempts to 
ascertain the force and situation of the enemv. Ilis scouts were 
unable to get near the fort at Lower Sandusky, because the Indi- 
ans surrounded it. Finding, however, that the enemj- had only 
light artillery, and being well convinced that it could make little 
impression upon the works, and that any attempt to storm would 
be resisted with effect by Major Croghan, in command of the post 
with one hundred and sixty men, he waited for the arrival of two 
hundred and fiftv mounted volunteers, who had, the eveninor 
before, left Upper Sandusky, and were momentarily expected. A 
scout soon came in, and gave information that the enemy were 
retreating, and General Harrison, with the dragoons that had now 
arrived, forthwith set out to endeavor to overtake them, at the 
same time ordering Generals Cass and McArthur to follow rapidly 
on with all the infantry, (then about seven hundred,) that could 
be spared from the protection of the stores and sick. He found it 
impossible to overhaul the enemy. Upon his arrival at Sandus- 
ky, it appeared that an unsuccessful attempt to storm the fort had 
been made by the enemy, consisting of four hundred and ninety 
regular troops, and five hundred Indians, commanded by General 
Proctor in person, and that Tecumseh, with some two thousand 
warriors, was somewhere in the swamps between Senecatown 
and Fort Meigs, awaiting his advance, or a convoy of provisions. 
With no prospect of doing anything in front, and apprehensive 
that Tecumseh might destroy the stores and small detachments in 
his rear, he sent orders to General Cass, who commanded the 
infantry, to fiill back to Senecatown. Scouting parties were sent out 
in every direction, who reported that not an enemy was to be 
seen. On the third of August, General Harrison returned to his 
head-quarters, and on the fifth received from Major Croghan his 
official report, from which it appeared that on Sunday evening, 
the first of August, the enemy made his appearance, and as soon 
as General Proctor had made such a disposition of his troops as 
to cut off retreat, should Major Croghan be disposed to make one, 



70 LIFE AND TIMES 

he sent two of his officers with a flag, to demand the surrender of 
the fort. Major Croghan returned for reply, that he should defend 
the place to the last extremity, and that no force, however large, 
would induce him to capitulate. 

Major Chambers, one of the officers who had waited on the 
commandant of the fort with the summons to surrender, resorted 
to an unworthy artifice, as he was retiring. Meeting Ensign 
Shipp, the major observed, that his general had a number of can- 
non, a large body of regular troops, and so many Indians, whom 
it was impossible to control, that, if the fort was taken, as it must 
be, the whole of the garrison would be massacred. Ensign Shipp, 
nothing daunted by the impertinence, promptly remarked, that it 
was the united resolve of Major Croghan, his officers and men, 
to defend the garrison or be buried in it, and that Major Cham- 
bers' general, and all his force, might do their best. Colonel El- 
liott, the other British officer, then observed to Ensign Shipp, that 
he was a fine young man. "I pity," said he, "your situation; 
for God's sake surrender, and prevent the dreadful slaughter that 
must follow resistance." Shipp turned from him with indigna- 
tion, and was immediately taken hold of by an Indian, who at- 
tempted to wrest his sword from him. Elliott pretended to exert 
himself to release Shipp from the Indian, and expressed great 
anxiety to get him safe into the fort. 

So soon as the flag had returned to the enemy's head-quarters, 
a brisk fire was opened upon the fort from gun boats in the river, 
and from a five and one half inch howitzer on shore, which was 
kept up, with little intermission, throughout the night. At an 
early hour the next morning, three six pounders, at the distance 
of within two hundred and fifty yards of the pickets, whither they 
had been placed during the night, began to play upon the Amer- 
icans, but with little effect. About four o'clock in the afternoon, 
discovering that the fire from all the enemy's guns was concen- 
trated against the north-west angle of the fort. Major Croghan 
became confident that the object was to make a breach, and 
attempt to storm the works at that point. He therefore ordered 
out as many men as could be employed, for the purpose of 
strengthening that part, and it was so eftectively secured, by means 
of bags of flour, sand, etc., that the picketing suffered little or no 
injury. But the enemy having formed in close column, advanced 
to the assault at the expected point, at the same time making two 



OF LEWIS CASS. Yl 

feints in anotlier direction. The column which advanced against 
the north-west angle, consisted of about three hundred and fifty 
men, and was so enveloped in smoke as not to be discovered until 
it had approached within eighteen or twenty paces of the lines. 
Yet the Americans, being all at their posts and ready to receive 
it, commenced so heavy and galling a fire as to throw the column 
a little into confusion. Being quickly rallied, it advanced to the 
outer works, and began to leap into the ditch. Just at that mo- 
ment, a fire of grape was opened from a six pounder, previously 
arranged by Major Croghan so as to rake in that direction, which, 
together with the musketry, threw the enemy into such confusion 
that they were compelled to retire precipitately to the woods. 
This noble six pounder did the work efl'ectually. It was the only 
piece of artillery in the fort, and jDOured destruction, with its half 
load of powder and double charge of leaden slugs, at the distance 
of thirty feet, killing or wounding nearly every man who had 
entered the ditch. 

During the assault, which lasted about half an hour, an inces- 
sant fire was kept up by the enemy's artillery, consisting of five 
six pounders and a howitzer, but without effect. The entire loss 
to the Americans was one killed and seven wounded slightly, 
whilst that of the enemy, in killed, wounded and prisoners, reached 
one hundred and fifty. Seventy stand of arms, and several braces 
of pistols, belonging to the British, were collected near the works ; 
and about three o'clock in the morning, the enemy sailed down 
the river, leaving behind them, in their haste, a boat containing 
clothing and considerable military stores. This attack and the 
successful defense, gave fresh courage to the troops, and inspirited 
the whole army with renewed animation. The bold and energetic 
answer to the summons to surrender, together with the decisive 
bravery exhibited by the Americans, unquestionably had the 
efiect to dispirit General Proctor in making further eftbrts to 
penetrate the country, and he retired to Amherstburgh. 

During the investment of the fort. Major Croghan wrote a 
letter, directed to General Harrison, which, after he was called 
to an account for it at Senecatown, he most satisfactorily explained 
to the commanding general, by the circumstances of his position, 
and by his wish to deceive the enemy, should the letter fall into 
their hands. It was a letter, not designed for the American, but 
the British General. The propriety of Major Croghan remaining 



72 LIFE' AND TIMES 

at the fort was questioned, in some quarters, at the time, but 
General Cass always thought, and so did General Harrison, that 
he did right to remain, because a retreat, under the circumstances, 
was more dangerous than a defense. In speaking of this matter, 
twenty-seven years afterwards, General Cass remarks : " I am well 
aware, too well aware, that Colonel Croghan has not always felt 
satisfied at the course adopted by General Harrison towards him- 
self But he was in error. I was the common friend of both, and 
knew their sentiments towards each other. General Harrison 
was strongly attached to Croghan, and was proud of him, looking 
upon him as his military eleve. And, indeed, he was a noble 
young man, with high qualities, and well he proved it by his 
repulse of the enemy from his post. General Harrison was inca- 
pable of jealousy, and he rejoiced, ' with exceeding great joy,' (f^r 
I saw it,) at the success which his young friend had obtained." 

The attack upon Sandusky had a good effect upon the Indians. 
Some of them soon began to show symptoms of a disposition to 
side witli the Americans; and, before the month of August liad 
elapsed, the chiefs Black Hoof, the Crane, and the Snake, with 
two hundred and fifty-nine of their warriors, joined General Har- 
rison, and declared that they intended to fight in defense of the 
United States. General Harrison, ably seconded by General Cass 
and General McArthur, throughout the month continued the 
most effective measures to fill up his command with regular troops, 
to the number of seven thousand, as contemplated by the War 
Department. It was this number which the government intended 
for the invasion of Canada. It was much easier to find men than 
equipments and supplies ; and then some little time was required 
to accustom them to discipline and put them in condition to war- 
rant their commander to lead them against the veteran troops, 
supposed to be under Proctor. 

AYith the coming in of the month of September, however, Gen- 
eral Harrison considered himself ready to act on the offensive, and 
it would be invidious not to add, that his entire command was 
anxious to be on the move, and to see the enemy. Commodore 
Perry moved from Erie, and stood towards the head of the lake, 
with a well manned fleet. He found the British fleet under Com- 
modore Barclay, a veteran officer, on the tenth of the month, and 
ere the sun, on that ever to be remembered day, went down 
in the west, he despatched to General Harrison the important 



OF LEWIS CASS. ^3 

intelligence, immortalized on the pages of American history, '• We 
have met the enemy, and they are ours." 

This anxiously looked for success opened a passage to the Ter- 
ritory, which had been so basely surrendered by Hull, and Gen- 
eral Harrison lost no time in transferring the war thither. He 
had already, a few days previous, broke up his camp at Seneca- 
town, and most of his forces had reached Sandusky. On the 
twentieth of September, his army, consisting of two thousand 
regulars and three thousand militia, embarked upon Lake Erie, 
from the mouth of the Sandusky river. It reached the Canada 
shore on the twenty-seventh, and the superintendence of the 
debarkation was committed to General Cass. He formed the 
troops into lines, and arranged their march. The troops were 
landed near Maiden. No enemy was in sight, and as they 
marched towards the town, instead of meeting an armed force to 
arrest their progress, to their surprise the maids and matrons, in 
their best attire, had come forth to solicit their protection. The 
general order to the soldiers was, " Iventuckians, remember the 
river Eaisin ! but, remember it only when the victory is suspended. 
The revenge of a soldier can not be gratified upon a fallen enemy." 
The American force took possession of the town without harm to 
its inhabitants. 

General Proctor, in command of the British army, despite the 
spirited remonstrance of Tecumseh, an abler man than himself, 
and a general in the British army, had burned the fort, barracks, 
and public store-houses, evacuated Maiden, and retreated up the 
Detroit river. The Americans, on the twenty-ninth, went in pur- 
suit, and moving up to Sandwich, General Harrison crossed over 
the river, entered Detroit, and took possession of the town and 
territory. Warmly welcomed by the citizens, he issued his pro- 
clamation reinstating the civil government which had been inter- 
cepted by Hull's surrender. The officers who had been supplanted 
by the capitulation, now resumed their functions ; the citizens 
were restored to their former rights and privileges, and the laws 
at that time were again put in force. And thns, after the lapse / 
of little more than a year, did General Cass have the pleasure of '"- 
again seeing the standard of his country waving over the disgraced 
fortress. 

A council of war was held at Sandwich. Proctor had retreated 
by the way of Lake St. Clair, and his pursuit was the question 



74 LIFE AND TIMES 

brought before the council. The American army now had posses- 
sion of Detroit, and commanded the river. No member of the 
council doubted the propriety of following, and endeavoring to 
destroy the retreating army. But, unfortunately, they could not 
put the forces promptly in movement, and it was reduced to a 
question of time. The means of transportation were so limited 
that their supplies were on the lowest scale, and they found them- 
selves in an exhausted country, incapable of administering to their 
wants. They had landed upon the Canadian shore without a 
horse or a tent, and with a very slender stock of provisions. 
What was more embarrassing, the baggage and even blankets of 
the brigade commanded by General Cass, were necessarily, for 
want of transports, left on a little island in Lake Erie, called the 
Middle Sister, and officers and men, without distinction, found 
themselves in the beginning of October, at the commencement of 
active operations in Upper Canada, without any other protection 
from the weather, during the night or day, than the clothes upon 
their backs. Under these circumstances, they were unwillingly 
compelled to await the arrival of supplies, as well as horses, and 
the mounted regiment commanded by Colonel Johnson, which 
had necessarily taken the route by land around the head of Lake 
Erie. 

This delay gave the British General the fairest opportunity to 
escape, and if he had not been utterly incompetent to his task, he 
would have i)laced himself beyond the reach of the American 
army. He was several days in advance, and was marching 
through a friendly country. But instead of divesting himself of 
his superfluous baggage, and leaving his invalids and non-com- 
batants to our mercy, and thus gaining, by a rapid march, the 
head of Lake Ontario, where he would have been in safety, he 
moved slowly, encumbered with an immense train of baggage, 
public and private, and with a large number of women and chil- 
dren. While awaiting at Sandwich the arrival of supplies, the 
probability of overtaking the retiring enemy was frequently the 
subject of conversation ; and General Cass never heard General 
Harrison express an opinion or fear that Proctor would escape. 
But if he did so to others, this circumstance would explain the 
otherwise inexplicable assertion, since often repeated, that he was 
opposed to the movement he adopted. General Cass never hesi- 
tated respecting the immediate pm-suit, but was not at all sanguine 



OF LEWIS CASS. 75 

as to its result. He believed the British General was sufficiently 
master of his art to elude an attack, and that with five davs' ad- 
vance, and after destroying and abandoning the only two fortified 
positions he held in the country, he would not sufier himself to be 
overtaken within seventy miles of his point of departure, and stake 
his existence upon the chance of a battle. This was the appre- 
hension of others. 

On the thirtieth of September, Colonel Richard M. Johnson 
arrived with his mounted regiment of Iventuckians, and with this 
reinforcement. General Harrison commenced the pursuit of I*roc- 
tor, leaving a portion of General Cass' brigade, who had not yet 
received their baggage and blankets, at Sandwich. 

General Proctor had retreated by the river Thames, which falls 
into Lake St. Clair above Detroit, and along which was the prin- 
cipal communication with the head of Lake Ontario, which the 
British sought to gain. The Americans followed them, pursuing 
the usual route on the left bank of the river, to a considerable 
distance from its mouth, when, reaching a deep ford, the horsemen 
crossed upon their horses, and the infantry in canoes, and contin- 
ued their pursuit on the opposite bank. The cultivated country 
here ceased, and they entered a beech forest, having the river 
upon their right, and a swamp upon their left, and in the inter- 
mediate distance a road, such as is found in new settlements, and 
which was little more than a path, with some of the larger trees 
cut down. In a short time they found themselves in the presence 
of the British army. 

When the advanced party which preceded the main army fell 
back, and reported that they had seen the enemy drawn up across 
the line of march. General Harrison pushed forward to reconnoi- 
ter their position and the nature of the ground, in order to adapt 
his dispositions to these circumstances. He had often inculcated 
upon his officers as a cardinal principle in Lidian warfare, that the 
flanks should be so secured as to prevent their being turned by 
an enemy, who become so terrible, especially to raw troops, when 
they can assail their rear. With this caution in view, the proper 
arrangement of his force was soon indicated to the commaudins: 
general by a rapid survey of the ground. 

At the battle of the Thames, a small portion only of Gene- 
ral Cass' command was present, and this M-as stationed at the 
right of the American line, with orders to charge and capture the 



76 LIFE AND TIMES 

British artillerv, which was opposed to its position. The colo- 
nel of the regiment, Paul, an able officer, being present. General 
Cass left to him the immediate direction of this detacliment, and, 
in company with Commodore Perry, performed the functions of 
aid-de-camp, assisting in the arrangement of the troops and the 
measures preparatory to the attack. He was without a definite 
command, and ready to act as the exigency of the moment miglit 
demand. The disposition, adopted by General Proctor, was as 
simple as it could have been in the earliest ages of the art of war. 
His regular troops were drawn np in two lines in open order, their 
left resting upon the river, and their right extending towards the 
swamp. From this point, the Indians were in position, stretch- 
ing into the woods in their irregular manner, ready to seize any 
circumstances which might occur, favorable to their mode of war- 
fare. Near the road, the left of the line was strengthened by 
three pieces of artillery. 

The disposition adopted by General Harrison was instantly 
determined upon. He placed his right upon the river, and, ex- 
tending his line to the swamp, he there formed it, as it is techni- 
cally called, enpotence; that is, he turned it at right angles, and 
thus presented two fronts to the enemy. The field of battle 
offered no peculiar advantage to the British, and it is difficult to 
account for the selection of that particular spot. There is but 
little change in the character of the country for some miles, and 
its features are distinctly marked. It is possible, tliat this is the 
point M'here the swamp and the river approach each other the 
nearest, leaving the narrowest space of firm ground to be defended. 
But why the British General stopped at all, is a problem still 
more difficult to be solved ; and if it were not, as report said at 
the time, that he was compelled to take this step by the -menaces 
of Tecumseh, his conduct may be cited as an example of military 
infatuation rarely to be found in the annals of war. 

With reference to this battle and the scenes through which he 
passed, General Cass states: "Our troops were all new, sent 
from their homes by that ardent patriotism which, in seasons of 
trial, makes part of our national character, and much time was 
necessary to place them in their proper positions. While this 
operation was in progress, Major Wood, an officer of the greatest 
merit and promise, too early lost to his country, had advanced 
near the enemy's lines, and ascertained their exact position. He 



OF LEWIS CASS. 77 

came up to me and told me what he had done, and invited me to 
accompany him in another reconnoissance. I immediately dis- 
mounted from my horse and followed him. The ground was cov- 
ered with beech woods, and every western man knows that the 
under-brush is never very thick where this timber abounds. While, 
therefore, we were enabled, in some measure, to secure ourselves, 
by going from tree to tree, we were also enabled to extend our 
observations to a considerable distance. In this manner, we passed 
along the front of the British line, almost from its extreme left to 
its right — the point of junction with the Indians — and ascertained 
its position, and saw that it was unprotected by a single field- 
work, not even a tree having been felled to impede the advance 
of our troops. Major Wood proceeded to report the result to 
General Harrison, while I returned and resumed the duty I was 
enocaired in, of aidino; in the formation of our line of battle. I do 
not recollect that I ever conversed with General Harrison upon 
this branch of the subject, but I liave always supposed that the 
precise information, communicated to him by Major Wood, in- 
duced the change which he made in the attack. Until he knew 
the loose order of the British formation, and the strange neglect 
of their General to make use of the efficient means within his reach 
of impeding our approach, and, particularly, the advance of our 
mounted force, he had intended to attack the British troops by his 
line of infantry, and to throw his horsemen further into the woods, 
with orders to turn the flank of the Indians. This, however, is 
but my impression. What I know I will briefly state. Shortly 
before the commencement of the action. General Harrison rode up 
to me and remarked that he thought of changing his disposition 
for the attack, and of ordering the mounted regiment of Colonel 
Johnson to advance upon the British line, and to endeavor to pass 
through it, I observed that the maneuver, if successful, would 
be decisive, but that there were objections to it, which had, no 
doubt, occurred to him, and which would render the effort a haz- 
ardous one. We briefly discussed these, and he terminated by 
remarking : ' Colonel Johnson thinks he can succeed, and I believe 
he will ; I shall direct him to make the attack.' 

" Having communicated his final orders. General Harrison 
placed himself in front of the line of infantry, and immediately 
in the rear of the mounted regiment. It was his proper position, 
where he could best observe and direct the projected operations. 



78 LIFE AND TIMES 

Colonel Kichard M. Johnson, with what gallantry it needs not 
that I should say, led the left division of his regiment, which was 
opposed partly, I believe, to the regular troops and partly to the 
Indians, and which was out of the sphere of my personal observa- 
tion. His brother, Colonel James Johnson, led the right, which 
was destined exclusively to attack the British line, and all his 
operations passed directly before and around me, for I accompa- 
nied, as a spectator, his command in their charge. 

" Such was tlie relative position of the hostile forces when the 
signal for attack was given. The mounted regiment, placed be- 
tween our line of infantry and the enemy, put itself in motion; 
breaking into columns of companies, and thus advancing upon the 
British regular troops. When they had approached sufficiently 
near, they received a fire, which occasioned a hesitation and some 
confusion in their ranks, but, soon recovering, they precipitated 
their movements, and, encountering a second and a third dis- 
charge with great gallantry, they found themselves upon the enemy. 
But then the contest was over. "We passed through the British 
line, the soldiers, throwing down their guns and separating into 
small groups, thought only of a prompt surrender. In the mean- 
time, the line of infantry was advancing, but it had little more to 
do than to secure the prisoners, except, indeed, towards the swamp, 
where the resistance of the Indians was much more vigorous, and 
where the contest was much longer maintained. 

"During the rapidity and excitement of the movement, I lost 
sight of the commanding general ; but he passed through the 
British line and, I believe, between the direction which I took 
and the edge of the swamp, for I encountered him immediately 
after, riding over the field and giving the necessary orders. He 
directed me to take a party of mounted men and pursue the fugi- 
tives, and, particularly, to endeavor to overtake the British Gene- 
ral, who was said to have commenced his flight at the commence- 
ment of the action. The fiict is scarcely credible, but it was as- 
serted by tlie British officers. I was upon the point of obeying 
General Harrison's orders, when the fire augmented upon our left, 
indicatino; that the Indians wei'e makino; a formidable resistance. 
The General then directed me to wait a few minutes to ascertain 
the result of the action, and immediately rode towards the point 
of contest, to take such measures as might be necessary. After a 
short time, the firing diminished, and gradually died away, till 



OF LEWIS CASS. T9 

nothincr was heard but chance shots. I then set out with a small 
detachment in pursuit of the fugitives, and passed through the 
Moravian towns, continuing my route till dark, when we were 
compelled to return, not having succeeded in our principal object, 
and having picked up only a few soldiers, who had escaped from 
the field of battle." 

Such was the battle and victorv, fous^ht and obtained on the 
banks of the Thames river, on the fifth day of October, 1813. It 
was glorious to the American arms. It accomplished the great 
object of the campaign. It dispersed the British army. It drove 
the flying British General from that part of the countr}-, and with 
such hot haste, that he left his baggage and private papers behind 
him, exposing the plans of the enemy. Tecumseh — the most 
subtle and active of all the northern Indians in the warfare — 
was killed, and his followers ,were dismaved with fear. Thev 
were ready to give in their adhesion to the cause of the Ameri- 
cans, and with them take hold of the tomahawk. The American 
loss was comparatively trifling. 

It inspired the awe-struck inhabitants of the north-west with 
courage and hope. It removed from their cabins and cottages, 
the torch and scalping-knife of the hostile savages, and enabled 
them to lie down at night with an immeasurably increased sense 
of securitv, that thev should see the lio;ht of the comins; dav, 
unmolested by the terrible war-whoop. In fine, the people flat- 
tered themselves that the war would soon be brouo;ht to a ter- 
mi nation. 

Although General Cass was not the commanding ofiicer, he 
rendered valuable aid both in council and action. He was as 
brave a man as ever went into battle. Xo one, who served with 
him, could mistake this point in his character. His coolness and 
self j)ossession never forsook him for a moment. In the pursuit of 
Proctor, before the battle, the American army reached one of the 
deep tributary streams of the Thames, and found that the bridge 
had been destroyed by the enemy to impede their march, and a 
large body of Indians was stationed in the surrounding woods to 
prevent the army from repairing it. The work was commenced 
and finished in the presence of General Cass, who sat calmly upon 
his horse, overlooking the operations, and prominently exposed to 
the bullets of the Indians. Appreciating the value of his life, one 
of the subordinate staff entreated him to retire. But he did not 



80 LIFE AND TIMES 

listen to the request. The army was new, most of the officers and 
soldiers had been suddenly collected from various parts of the 
country, and he considered the example of more importance than 
any risk he may have felt he was encountering. 

General Harrison, in his official report to the Secretary of War, 
spohe of General Cass as an officer of the highest merit, cheering 
and animating every breast. He put him in the same class of 
merit with Perry ; and none, surely, could ever be higher. And 
an eye-witness, writing some years afterwards, says, " I well recol- 
lect General Cass, of the north-western army. He was conspic- 
uous at the landing of the troops on the Canada shore, below 
Maiden, on the 27th of September, and conspicuous at the battle 
of the Thames, as the volunteer aid of the commanding general. 
I saw him in the midst of the battle, in the deep woods, upon the 
banks of the Thames, during the roar and clangor of fire-arms and 
savao-e veils of the enemv. Then I was a green youth of seven- 
teen, and a volunteer from Kentucky." 

General Cass, although but then just entering upon the thirty- 
second year of his life, and bred to the peaceful profession of the 
]aw— having, as we have seen, devoted most of his time before 
the war to books and the cultivation of his mind — evinced all the 
courage and steadiness of a veteran. His sterling patriotism, 
strono; intellect, and extended popularity as a civilian, contributed 
to o-ive him prominence at the commencement of hostilities, and 
he had the integrity and good sense not to abuse the confidence 
of his companions, or prove recreant in his duty to the government. 



OF LEWIS CASS. 81 



CHAPTER YL 

General Cass in Command of North-western Frontier — Detroit his Head-quarters — Letter from Governor 
Weigs — Surprise of General Cass — Appointed Governor of Territory of Micliigan — Acceptance — Re- 
signs the Office of Marshal — Summoned to Albany as a Witness on Hull's Trial — His Journey — 
Cuts open the Mail Bags — Reports the Burning of Buflalo from Cold Spring — Incident at the Gene- 
see River, near Rochester— Arrival at Albany — His Testimony — The Charges — Sentence of Court- 
martial — President's Action — An Examination of the Trial, its Proceedings, and Hull's Defense — 
His imbecihty. 

The signal success of the American arras, so gloriously achieved 
on the Thames, restored to the United States all the posts which 
had been surrendered by General Hull. Six hundred British 
surrendered as prisoners of war. The slaughter among the Indians 
was great. A number of field-pieces, and several thousand stand of 
small arms were among the trophies, and all the standards except 
one, acquired by the enemy during the previous campaign, were 
recaptured. 

General Harrison having now accomplished the object of the 
expedition, and being without orders from the "War Department 
for his subsequent operations, left General Cass, with a part of his 
troops, in command of the north-western frontier, including the 
subjugated western district of Upper Canada, and proceeded down 
Lake Erie, to operate against the enemy on the Niagara frontier. 
General Cass fixed his head-quarters at Detroit. Here he remained 
employed in the arduous and responsible duties of such an exten- 
sive command, in a country surrounded by Indians and desti- 
tute of resources, with the whole hostile population of that portion 
of the British province to hold in submission. The destitution of 
the country was such that pen can hardly describe it, but it may, 
in some measure, be comprehended by the fact that even some 
of the troops w;ere compelled, at one time, to resort to the precari- 
ous resource of fishincr, as a means of subsistence. 

While thus employed, one day in the month of October, 1813, 
sitting in his office opening and reading his mail, which had just 
arrived, and which came at such long intervals that its arri\-al was 
regarded as an important event. General Cass opened a letter 
from Governor Meigs, then in Washington, congratulating him 



^ 



A 



82 LIFE AND TIMES 

upon his new appointment, without mentioning what it was. He 
completed the reading of his mail without being further enlight- 
ened upon this jDoint. Naturally anxious to know to what honor- 
able position his government had assigned him, he awaited further 
information with a considerable degree of solicitude. But the post 
was so irregular in those times,, that some two long weeks elapsed 
before its next arrival. When it came, as it finally did, however, 
it contained the unsolicited appointment of Governor of the Terri- 
tory of Michigan. Gratified with this high mark of confidence 
in his capacity and integrity, and especially with the manner in 
which it was conferred by the government, General Cass accepted 
it. But he did so with much reluctance. He had settled, as he 
supposed, permanently in Ohio, a rapidly growing state, standing 
in the front rank of his profession, at variance with no person in 
private intercourse, and his family contented with their happy 
home. He had left it to give his country the benefit of his services 
in the hour of need, expecting at the end of the war to return to 
the pursuits of peace in the valley of the Muskingum. The idea 
that he should be killed, at no time occurred to his mind, and as 
to being taken and held as a prisoner or hostage, that thought was 
wholly inadmissible. He was averse, therefore, to remaining at 
Detroit, and making that his family abode. [N'or did he decide 
to do so for some time afterwards. His soldierly frankness, his 
bravery and promptitude in the dark hour of emergency, and his 
courtesy and pleasing manners, had won the attachment and 
respect of all who became acquainted with him. And surrounded, 
as the people of the Territory were, by merciless savages, whose 
undeviating friendship could not be relied upon, however fair the 
promise, located on a distant frontier, and in constant fear of an 
attack from the inhuman marauders, they felt that General Cass, 
of all others, was just the man to be at the helm of state, and 
) direct its course. Laying aside his own personal predilections, 
and over-ruling the wishes of his family, he yielded to the persua- 
sions of his friends in Michigan, and entered upon his new duties. 
/-^ The civil organization of the Territory, and its military defense, 
devolved upon him. 

These multii3lied duties he continued to exercise until ordered 
by the government, in December, to repair to Albany, in the State 
of New York, to attend, as a witness, the trial of General Hull, 
"before a court-martial. 



OF LEWIS CASS. 83 

In the meantime, now no longer intending to make Ohio his 
residence, he resigned the ofhce of marshal of that State, which 
had heen bestowed on him in 1807, by President Jefferson. 

In the course of a few days. General Cass, in company with 
others ordered on the same duty, started from Detroit to proceed 
to Albany. The journey was long and tedious, and performed on 
horseback, each person carrying his own provisions, until they 
reached Cleveland. At Brownstown, they met the post, and 
General Cass, for the first and only time in his life, cut the mail 
bao-s and examined the contents, so far as to learn whether there 
were any despatches for himself. The road, from that point to the 
river Raisin, a mere Indian path, was, for one third of the dis- 
tance, a continuous swamp. Slightly frozen, horse and rider would 
frequently become mired, and both wet and chilled with the water 
and wintry cold of that northern latitude. On the third day, at 
evening, they were so fortunate as to reach Fort Meigs, and the 
condition of the country through which they were traveling was 
such that, on proceeding forward from thence, they would only 
make ten or a dozen miles distance between sun and sun, for seve- 
ral days. Sometimes, at night, they could not find a spot of dry 
ground large enough to accommodate their encampment. Each 
would be compelled to seek out a place for himself; and General 
Cass having become pretty well accustomed to the hap-hazard life 
of the frontier, and its exhaustless expedients to hold body and 
soul together, under such circumstances, would spread his saddle 
blanket at the root of some tree, where the prospect was the most 
promising, and take up his lodgings for the night. As to kind- 
ling a fire, that, on several occasions, was impossible. The only 
comfortable night's rest they had before they reached Cleveland, 
was under the roof of an humble log dwelling, at Sandusky Bay. 
At Cleveland, the party were so fortunate as to procure a sleigh 
and driver, and hastened on with more rapid pace and accom- 
modations to Erie, far-famed as the port from whence Perry em- 
barked his gallant fleet to meet Barclay. Proceeding on their 
journey along the southern coast of Lake Erie, they arrived in 
Bufhilo, and found it in ruins, the next day after the British incen- 
diaries had applied the torch to the wooden buildings which com- 
posed the village. Only one tenement had been spared by the 
vindictive and relentless foe. General Cass and his party halted 
at Cold Spring, some three miles easterly from the conflagration, 



84 LIFE AND TIMES 

and there found many of the citizens of Buffalo, with their fami- 
lies, suddenly driven from their homes in the dead of winter, and 
destitute, in many instances, of provisions and ordinary wearing 
apparel. By special request, he cheerfully communicated to the 
Secretary of War the condition of the town and vicinity. It was 
a scene of destruction and disti-ess, he said, such as he never before 
witnessed. After passing a day amid this scene of distress and 
desolation. General Cass resumed his journey. He traveled by 
the way of Batavia and Canandaigua. Years afterwards, he 
crossed the Genesee river at Bochester, the bridge constructed 
over this stream of water at Carthage having fallen a few days 
before. What was more remarkable and equally fortunate to its 
builder, was that he warranted the bridge to stand for one year, 
as it was said, and that year had expired a day or two before it 
fell. Passing on, the party proceeded over Seneca lake and 
Onondaga hill to TJtica, and thence to Albany, which place they 
reached soon after the commencement of the court-martial. Gen- 
eral Cass was examined as a witness. 

The court convened January 3d, 1814, witli a full board, and 
General Dearborn was the president. No objection was taken to 
the constitution of this court, by the accused. All were officers in 
the regular service, attached to their country, and, to this day, no 
evidence has appeared, neither has it been intimated publicly, in 
any quarter, that any of them, save the presiding officer, could 
have had any motive to judge General Hull harshly, or be betrayed 
into passion fi*om their relations with the war. It has been al- 
ledged that some of them were violent partizans of the national 
administration, and that this constituted their only qualification 
to sit as members; and, at the same time, it has been admitted 
that others of the members, particularly General Bloomfield, of 
revolutionary memory, and Colonel Fenwick and Colonel House, 
were competent members, both on the score of competency and 
impartiality. But, whether any of the judges entertained politi- 
cal views in harmony with those of Jefferson and Madison, and 
felt it to be the duty of every citizen of the republic, whether in 
or out of conunission, to do his duty and whole duty to the coun- 
try, at that critical period of its existence, it does not appear from 
the i^ublic records; nor has it been intimated publicly, in any 
quarter, that the court divided on any subject that came before it. 
On the contrary, it is a well conceded fact, insomuch that it is 



OF LEWIS CASS. 85 

now a part of the history of the time, that a cordial unanimity of 
sentiment existed. 

The session of the court was protracted, and every facility af- 
forded to the accused to present his defense. The judge advo- 
cate, Mr. Van Buren, laying aside all partizanship or prejudice, 
and conducting the examination of the witnesses with the single 
purpose of eliciting the truth, took no objections that had the most 
remote api3earance of captiousness, but, possessing himself of his 
wonted coolness and patience, equally with the court, acceded to 
all the reasonable requests of the accused. 

The charges were three in number — treason, cowardice, and 
neglect of duty. The first, a crime of the highest moral turpitude 
known to the laws of man ; the second, the basest; and the third, 
deeply involving military character, but the degree of turpitude 
to be measured accordingly, as it may have emanated either from 
carelessness, accident, or design. 

Tlie specifications, under the charge of treason, were: 

First. — Hiring the vessel to transport his sick men and baggage 
from the Miami to Detroit. 

Second. — Not attacking the enemy's fort at Maiden, and retreat- 
ins; to Detroit. 

Third. — Not strengthening the fort of Detroit, and surrendering. 

The specifications, under the charge of cowardice, were : 

First. — Not attacking Maiden, and retreating to Detroit. 

Second. — Appearances of alarm during the cannonade. 

Third. — Appearances of alarm on the day of the surrender. 

Fourth, — Surrendering Detroit. 

The specifications, under the charge of neglect of duty, were 
much the same as the others. 

The court acquitted the accused of the high crime of treason, 
because it was perfectly apparent, undoubtedly, to the court: 

First. — That General Hull hired the vessel to transport his sick 
and baggage from Miami to Detroit, before he was aware that war 
was declared, and it was the dictate of humanity to relieve the 
inmates of nis hospital from the fatigue and inclemency of a fur- 
ther march through the bogs and swamps of a trackless wilderness. 

Second. — That, by not attacking the fort at Maiden, and retreat- 
ing to Detroit, it did not follow, as an inevitable sequence, that 
the accused then intended to betray his government into the 
hands of the enemy. 



86 LIFE AND TIMES 

Third. — That not strengthening the fort at Detroit, and finally 
surrendering, did not appear, from the testimony, to have pro- 
ceeded from any previous settled design, but was to be attributed 
to other causes. 

As to the other charges, the court, upon mature deliberation, 
arrived at different conclusions, found the accused guiltj', and 
sentenced him to be shot, but, by reason of his services in the War 
of the Revolution, and his advanced age, earnestly recommended 
him to the mercy of the President. 

The President, entertaining not the slightest feeling of hostility 
or unkindness towards General Hull, approved of the finding of 
the court, but, remitting the execution of the sentence, dismissed 
him from the service. If he had been guilty of treason, and so 
declared by the court, his revolutionary services, even, could not 
have availed to shield him from the execution of the sentence, for 
Washington, in the case of General Arnold, in the previous war, 
overlooking his valuable patriotic services, in raising armies and 
leading them. to duty, amid the roar and carnage of battle, had 
established a far difierent precedent for his successors to follow. 

The testimony before the court forces the irresistible conclusion 
upon the mind of the reader, that its finding resulted from a sense 
of duty to their country. It is uncharitable to suppose that the 
members were mere automatons, set up in Albany, to be moved 
by a secret cord in the hands of some master spirit at Washington 
or elsewhere. The current history of that day precludes the sup- 
position that the administration was tottering on the brink of dis- 
grace and ruin, and destined to fall into the bottomless abyss unless 
it was so fortunate as to find a scapegoat for its unj^ardonable 
iniquities. The disasters of 1812 had been triumphantly and glo- 
riously repaired by the victories, brilliant and decisive, of 1813. 
If the shoulders of the administration had been compelled to 
sustain alone the public indignation of the former, without sharing 
it with Congress, and staggered beneath the crushing weiglit, most 
certainly, before this court convened, the clouds had cleared away 
from the horizon, and the plaudits of approbation now sounded in 
spirit-stirring peals from Maine to Georgia, and were echoed back 
from the remotest verge of civilization beyond the Alleghanies. 
There was no occasion, therefore, for Mr. Madison to feel particu- 
larly uneasy, or to consider the necessities of state so urgent as to 
require the sacrifice of any officer, either civil or military, on the 



OF LEWIS CASS. 87 

score of political expediency, or for the gratification of animosity. 
General Cass was one of the witnesses, as has already been 
premised, and his testimony, in conjui^ction with that of other 
witnesses, was important, or he would not have been summoned, 
at so long a distance from Albany, to attend the sitting of the 
court. To the judge advocate was committed his examination, 
and he answered all the interrogatories propounded, both by the 
government and the accused. No exceptions were taken at the 
time to the form of either question or answer. His opinions, on 
some points, were also asked and frankly given ; and if tliese 
opinions, coming from so distinguished a source, (for the fame of 
his high position in the western country had preceded him,) had 
undue or controlling influence, it is difficult to perceive why he is 
worthy of censure for that. His duty was to tell the truth, and 
this duty he fearlessly discharged. The report, under date of 
September 10th, 1812, to the Secretary of War, which he liad the 
honor to make, and already given in these pages at length, with 
the reasons why it was made, was read to the court. This was 
highly proper, because it was a part of the public archives of the 
government, and, although assailed in almost every conceivable 
form, it had stood the test of the most malignant and uncalled for 
scrutiny, and still remained in the public estimation as the faith- 
ful record of the events to which it alluded. That part of it which 
referred to the quantity of provisions on hand at the time of the 
surrender of the fort of Detroit, was the most offensive to General 
Hull and the enemies of the war. For, if it was true, or had any 
approach to the truth, it seemed to be a self-evident proposition, 
that the duty of the accused lay only in one direction, and that 
was to fight, and endeavor to hold out until the three hundred 
and fifty men, under Colonels Cass and McArthur, were heard 
from. And, in this connection, it may be asked with propriety, 
why the duty of the commanding officer was not the same, even 
if the last ration had been issued, when the enemy opened the 
bombardment, on the evening of the fifteenth of August ? Had 
famine already commenced in the garrison, and were the citizens 
of Detroit destitute of provisions ? Fool-hardy would be the per- 
son who should persist in giving these practical questions an affir- 
mative answer. It has never been pretended, by any one who 
then resided at Detroit, or had any information on the subject, 
but that there were provisions enough on hand, in that town, to 



88 LIFE AND TIMES 

sustain every soul in it, including the soldiers, for a month, at 
least. And the amount of supplies at the river Raisin, or on the 
way thither to Detroit, w|is well known to all. But, as if to com- 
promise the candor of General Cass, two letters, written by him 
on the subject of supplies, are canvassed ; one to Governor Meigs, 
under date of August twelfth, four days before the surrender, in 
which he says: "The letter of the Secretary of War to you, a 
copy of which I have seen, authorizes you to preserve and keep 
open the communication from the State of Ohio to Detroit. It is 
'all important that it should be kept open. Our very existence 
depends upon it. Our supplies must come from our State ; this 
country does not furnish them. In this existing state, nothing but 
a large force, of two thousand men, at least, will effect the object;" 
and another letter of the same date, to his brother-in-law, Willis 
Silliman, saying: "Our situation is become critical. If things 
get worse, you will have a letter from me, giving a particular 
statement of this business. Bad as you may think of our situa- 
tion, it is still worse than you Relieve. I can not descend into 
particulars, lest this should fall into the hands of the enemy." 

These letters were brought forward to raise the presumption 
that General Cass was uncandid in reporting to the government, 
after the surrender, that there were fifteen days' provisions on 
band at the time of the surrender, and that he believed Michigan, 
in case of an extreme emergency, might furnish three months' 
provisions. And for whom, or by whom, does the reader suppose 
General Cass intended the provisions to be supplied and used ? 
The army then in garrison at Detroit ; and not, in addition, the 
voyageurs from the north, and the two thousand increased force 
from Ohio. The letters were written under the eye and direction 
of General Hull. He wished to retreat to the Miami. His three 
militia Colonels, Cass, McArthur, and Findlay, would not consent, 
and determined that they would take the responsibility of depriv- 
ing him of his command, if he attempted to do so, regardless of 
the personal consequences to themselves. Lieutenant Colonel Mil- 
ler coincided. General Hull reluctantly and despondingly yielded 
to their views. The words in Cass' letter to his brother-in-law, above 
italicized, had reference to the imbecility and vacillation of his com- 
manding officer, and were so guardedly written, and for the same 
reason, as the blank letter sent about the same time to Governor 
Meigs, and referred to in his report to the Secretary of War. 



OF LEWIS CASS. 89 

General Hull called upon the Governors of Ohio and Kentucky 
for reinforcements. How well and promptly the call was an- 
swered, appears from the fact, that in the course of a month, Ken- 
tucky had on foot seven thousand volunteers, and Ohio nearly 
half that number, and were on their march for Detroit when the 
news of the surrender first reached them. This call for reinforce- 
ment was made with the ad\ace and approbation of General Cass, 
and as General Hull had yielded to the proposition to remain at 
Detroit until the reinforcements arrived, and defend himself if 
attacked by the enemy, General Cass felt a still greater degree of 
solicitude that supplies for this augmented force should be abun- 
dantly furnished. And that it was expected that Ohio and Ken- 
tucky should, in a great measure, furnish these supplies, was 
known to all. His report and testimony had reference to what 
supplies were actually on hand at the time of the surrender, and 
how long the garrison was provisioned, especially if the convoy 
under Captain Brush should reach its destination in safety. The 
question was not where these provisions originally came from, or 
where the cattle were raised and the flour was made. 

General Cass stated in his examination before the court, that 
" the situation of the army in respect to pi-ovisions, was a subject 
of frequent conversation between General Hull and the oflicers — 
that he never knew or understood that the army was in want, or 
likely to want." And no other officer has stated differently. If 
the subject of provisions was not frequently talked about, and if 
the army was in want or likely to be, it is natural to suppose that 
some one belonging to the garrison could have been found to cor- 
roborate the assertion. The officers and soldiers on dutv thouirht 
more of meeting the enemy, and driving him from the country, 
than they did of hunger. So long as game or nuts were found in 
the woods — and they had not far to go to find them — they felt no 
alarm in tliat respect. If the country could subsist the enemy, 
they had no concern but what it would also subsist them. Besides, 
they believed if they could once get a fair chance at the British, 
they would not remain in that region to divide these supplies. 

General Hull, in his defense, complained of the dilatoriness of 
General Dearborn. But it appeared that Dearborn did not receive 
his instructions until the twenty-sixth day of June, at Washington, 
and tliat his first business was to make the necessary arrange- 
ments for the defense of the seaboard. By the eighth day of 



90 LIFE AND TIMES 

August, he had taken effective ste233 towards maintaining an army 
on the northern frontier, and was then at Greenbush, opposite 
Albany. lie received from Sir George Provost a letter, enclosing, 
for information, the tenor of the despatches by him received from 
England, referring to a declaration of Ministers in Parliament, 
relative to a proposed repeal of " the orders in council," j^rovided 
that the United States would return to relations of amity, and 
proposing to General Dearborn an armistice, as a preliminary to 
negotiations for peace. On the eighth day of August, he signed 
the armistice, with liberty to General Hull to accede to it, and 
immediately apprised General Yan Rensselaer at Lewiston, who 
received it on the seventeenth, and this officer communicated the 
intelligence to Lieutenant Colonel Myers, at Fort George, and 
which was the first intimation that the enemy on that frontier had 
of it. This was the next day after the surrender of Detroit ; so that 
General Brock, on the sixteentJi of Angust, was as much in igno- 
rance of this important event as General Hull. Indeed, General 
Brock has stated in writing, under date of the twenty-fifth day of 
August, that he did not hear that a cessation of hostilities had 
been agreed upon, nntil his return from Detroit to Fort Erie. It 
is quite apparent that the armistice concluded by General Dear- 
born with Sir George Provost, could not have been injurious to 
General Hull. 

As to the absence of General Dearborn from the ]Sriao;ara fron- 
tier, it would seem that he was pushing his arrangements as 
rapidly as the means at command would admit of, and enter- 
tained the belief that General Hull was fully aware it was 
expected by the War Department, that he would act offensively. 
However this may be, it is not easy to perceive in this comj^laint, 
any apology for the surrender. 

In recurring to the testimony introduced before the court-mar- 
tial, some of the witnesses observed that General Hull appeared 
agitated on the morning of the sixteenth, whilst others observed 
that they thought he appeared cool and collected. But Robert 
Wallace, an aid-de-camp of General Hull, in a letter published in 
the Licking Yalley Register, at Covington, Kentucky, May 2Sth, 
1842, says, " Until the morning of the fatal 16th of August, I saw 
no flinching in the countenance of General Hull. I had been 
with him both in and out of the fort ; his only apparent concern 
was to save our ammunition, for our long twenty-four pounders 



OF LEWIS CASS. 91 

•vrere consuming It yeiy fast, and I was sent repeatedly to the bat- 
teries with orders to fire with more deliberation. 

" About nine o'clock in the morning, Captain Hull found some 
strao-o-lino; soldiers in the town. He ordered them immediately 
to their post, and seeing them disposed to hesitate, he pursued 
them on horseback, sword in hand, to their regiment. Their 
colonel having given them leave of absence, was exasperated, 
and made his way to the General, demanding the arrest of his 
son. The captain soon made his appearance, and challenged the 
colonel to fight him on the spot. This circumstance produced the 
first agitation that I discovered in General Hull. He bescged me 
to take care of his imprudent son, and he was confined to a room 
in the ofiicers' quarters. 

" Soon after, a more serious disaster occurred, which increased 
the Genei-aPs agitation. A number of ladies and children, the 
families of officers on dutj^, occupied a room in the fort. General 
Hull's daughter and children were among them. A ball entered 
the house, killing two officers who had gone in to encourage their 
families. The ladies and children, many of them senseless, were 
hurried across the parade to a bomb-proof vault, which had been 
cleared out for them. The General saw this affair at a distance, 
but knew not whom or how many were destroyed, for several of 
the ladies were bespattered with blood. Other incidents followed. 
Several men were cut down in the fort, and two other officers 
received a ball through the gate. At this time the general was 
walking back and forth on the parade, evidently in a very anxious 
state of mind. Several propositions were made to him, all of 
which, I believe, he rejected. For instance. Brigade Major Jes- 
Bup proposed to cross the river, and spike the enemy's guns. I 
think he replied, it was a desperate experiment, and that as the 
enemy was advancing, he could not spare the men from their 
posts. Captain Snelling proposed to haul down one of our heavy 
guns, to annoy the enemy, then three miles below the fort. He 
replied that the slender bridge below the town would not support 
its weight, and the gun would surely fall into their hands, and be 
turned against us ; that the men were posted to the best advan- 
tage, and he did not wish to move them. The gun alluded to 
weighed, with its carriage, about seven thousand pounds. 

" General Hull was then at least sixty-five years of age, (fif^y- 
nine?) and no doubt felt incapable of the bold exertion that his 



92 LIFE AND TIMES 

Bitnation required. He appeared absorbed in anxious thought, 
and disposed to avoid all conversation. My duty required me to 
remain near the General, but seeing that he appeared to have no 
comnninds for me, I stepped across the parade to assist in the 
amputation of an officer's limb. Whilst occupied in this unpleas- 
ant task, Captain Burton, of the 4:th regiment, passed me ^vith a 
table-cloth suspended to a pike. I inquired what that was for. 
He hastily replied, ' It is the General's order,' and mounting one 
of the bastions, began to wave it in the air. I ran immediately 
to the General, and inquired the meaning of the white flag. 'I 
ordered it, sir,' was the repl}^, and facing about, he continued his 
walk. The firing soon ceased, and mounting the breast-work, I 
saw two British officers with an American officer, all on horseback, 
approaching the gate. Thinking their entrance improjjer, I 
informed the General, and he directed me to keep them out of the 
fort. I met and conducted them to the General's marquee, which 
was still in the oj^en camjD. General Hull, with Colonel Miller, 
of the U» S. Army, and Colonel Brush, of the Michigan militia, 
made their appearance. The articles of stipulation were then 
drawn up and signed by Miller and Brush on our part, and by the 
two British officers on theirs. It was reported to General Brock, 
who shortly entered the fort, escorted by his advanced guard. 
Brock was shown into a room in the officers' quarters, where Hull 
was waiting, and after settling some details, the capitulation was 
ratified by their signatures. While these matters were progress- 
ing. Captain Hull, awaking from a sound sleep, discovered the 
British grenadiers in the fort. Breaking through a window, he 
ran, unarmed and without a hat, to the commanding officer, and 
demanded his business there ' with his red-coat rascals.' The offi- 
cer raised his sword to cut him down, but I reached them in time 
to stay the blow, by informing the officer that the gentleman was 
partially deranged. He instantly dropped his arm, and thanked me 
for the timely interference. This same Captain Hull afterwards 
fought a duel in defense of his father's reputation, and was at last 
killed at the head of his company, in a gallant charge at the bat- 
tle of ' Lundy's Lane.' I mention these particulars in connection 
with a remark since made to me by Commodore Hull, ' that he 
knew his uncle was neither traitor nor coward, for there was no 
such blood in the family.' General Hull, discovering that the 
British had been permitted to enter the fort before the surrender 



OF LEWIS CASS. 93 

T^as completed, remonstrated with General Brock, who apologized 
for the indecorum, and ordered his troops to retire. Our troops 
were then marched out, in gloomy silence, and stacked their arms 
on the esplanade. AVhen the British flag was raised, the Indians 
rushed in from the woods, a countless number, yelling, firing, 
seizing our horses, and scampering through the town like so 
many fiends. In addition to Tecumseh's band, and the AVyandots, 
they had gathered in from all the regions of the northern lakes. 
The British reirulars and Canadians were about three thousand 
men ; but the number of Indians could not have been known by- 
General Brock himself. Our effective force was probably fifteen 
hundred — about four hundred regulars, and the remainder volun- 
teers and drafted militia. Most of them would have fought M'ith 
desperation, for there was no possible chance of escape. 

"We had every reason to suppose that the detachment under 
Cass and McArthur was at the river Raisin, but to our surprise 
and mortification, they had returned of their own accord, having 
heard the cannonade at the distance of forty miles. They were 
close in the rear of the enemy at the time of the surrender, but 
without any possible means of communicating their position to 
us. Tliis detachment, and the company under Captain Brush, 
were included in the surrender, for their preservation, as they 
might have been surprised and cut oif by the Indians, of which 
we had no way to apprise them. As it liappened, two or three 
British subjects, who had gone out with us, unwilling to fall into 
the hands of their former masters, made a desperate escape 
through the woods, informed Captain Brush of our disaster, and 
his party made a rapid retreat to the settlements. Cass and McAr- 
thur were soon apprised of their condition, and marched to De- 
troit. Our meeting with them was truly distressing. Cheeks 
that never blanched in danger, were wet with tears of agony and 
disappointment. Yet I saw no ranting or raving, such as I have 
since heard described. I heard but one ofiicer abuse the General 
indecorously, and he had been extremely quiet and useless through- 
out the campaign. 

" A circumstance which has often been cited as a proof of treach- 
ery on the part of General Hull, took place on the river bank, 
just before the surrender. Lieutenant Anderson, of the U. S. Ar- 
tillery, had drawn his guns from behind our lower battery, charged 
them with grape shot, and pointed tliem down the road on which 



94 LIFE AND TIMES 

the enemy were approacliing. When the first platoon of their 
column appeared, his men were eager to fire. Anderson forbid 
them, at the peril of their lives, to touch a gun without his orders, 
wishing to get the enemy in a fair raking position before they 
should discover their danger ; but the officer at the head of the 
column perceiving the snare, gave notice to General Brock, who 
immediately changed the position of his troops, and advanced 
under cover of the thick orchards which stood between them and 
the fort. Anderson was said to have reserved his fire by the 
special order of General Hull, which I know to be fiilse, for I had 
just delivered a difi'erent order, and was waiting by his side to see 
the effect of his intended explosion. When the white flag was 
raised, this same lieutenant broke his sword over one of the guns, 
and burst into tears. 

"After the surrender. General Hull retired to his own house, 
where he had lived while Governor of Michigan. It was occupied 
by his son-in-law, Mr. Hickman, and his family. One of General 
Brock's aids suggested to me the propriety of a British guard, to 
protect the General's house from the Indians, to which I assented, 
without consulting General Hull, as they had already seized our 
baggage in the street. This British guard was considered another 
strong ground of suspicion, but General Hull supposed it was to 
prevent his escape. 

"General Brock took up his quarters at a vacant house on the 
main street ; Tecumseh occupied a part of the same building, to 
whom I had the honor of an introduction. He was a tall, straight, 
and noble looking Indian, dressed in a suit of tanned buckskin, 
with a morocco sword-belt round his waist. On being announced 
to him, he said through his interpreter, ' Well, you are a prisoner, 
but it is the fortune of war, and you are in very good hands.' 

" General Hull was a man of tender feelings and accomplished 
manners ; his hair was white with age, his person rather corpu- 
lent, but his appearance was dignified and commanding. 

" Hull might have defended the fort while his provisions held out, 
but whether the inhabitants of Detroit would not have been butch- 
ered, on the night of the sixteenth, is a question I can not answer. 
Perhaps the more immediate cause of the surrender was the 
absence of Cass and McArthur. He had the utmost confidence 
in Colonel McArthur as a brave executive officer, and in Colonel 
Cass as an intelligent and able adviser. Had they been present, 



OF LEWIS CASS. 95 

witli tlieir men, or had we even known their position, there w^ould 
probably have been no surrender at tbat time."' 

Kow that all excitement, imfavorable to dispassionate judgment, 
has passed away, some of the early impressions, which attributed 
the conduct of General Hull to money, the price of treason, have 
been removed, and the unfortunate termination of his campaign 
is, by general consent, attributed to cowardice and to imbecility, 
lie was utterly unequal to his command, and was oppressed by 
its duties and responsibilities, and, at the last moment, was the 
victim of personal fear. Feeble efforts have, at times, been made 
to rescue his name from obloquy, but they have been utter fail- 
ures. A military court, composed of officers of high rank and 
character, after an impartial and laborious investigation, pro- 
nounced him guilty of cowardice, and sentenced him to be shot. 
Mr. Madison, in consideration of his age and revolutionary services, 
remitted the penalty of death, but struck his name ignominiously 
from the roll of the army, which he had dishonored. 

It is enough to know that he surrendered his command to an 
attacking force of about one third his own strength. An Ameri- 
can needs no other fact to guide him in his judgment of this catas- 
trophe. General Hull, among other excuses, alledges the want of 
ammunition and provisions as motives for surrender. JSTot that 
he was destitute; that he did not alledgo, and it is known that his 
supplies of both were adequate to his circumstances, but that he 
apprehended these essential supplies would fail before tiie final 
issue. But the less he had of either, the stronger was the reason 
why his course should have been prompt and energetic. The 
worst disaster that could happen to him, after the most severe loss, 
would have been an unconditional surrender. 

General Hull was instructed by the War Department to protect 
Detroit. The invasion of Canada was left to his discretion. In 
effect, he did neither. He crossed the river only to make an in- 
glorious retreat — disheartening to his troops, many of whom were 
volunteers, burning with patriotism. When followed by the enemy 
and summoned to surrender, he complied with the request. He 
held out just long enough to increase the" pompous vanity of the 
Bummoner, and provoke the resentment of his command. He 
commenced the retreat from the bridge of the Canards, and termi- 
nated it on the esplanade of the American fortress. Strano-e infat- 
nation ! A captain, in the forlorn hope of Wayne, under the walls 



96 LIFE AND TIMES 

of Stony Point, in his elevated position of brigadier general, 
capitulates, without the crossing of a single bayonet, or the firing 
of a single shot ! But yesterday, as it were, in council with the 
government, at the capital of his country, and fully aware of its 
plans and objects, posts away to his army, only to lead it into the 
hands of the enemy ! Conduct most unaccountable ! Problem 
unsolvable ! In memory of other prouder days and gallant deeds 
in the life of this white-haired veteran, let the veil of oblivion, in 
mercy, be drawn over his campaign of 1812, and ascribe all his 
errors, for the sake of himself and country, to the imbecility of age. 



OF LEWIS CASS. 97 



CHAPTEE YII. 

General Cass returns to Detroit — Situation of the Frontier — Resigns the Command of Brigadier General 
— Superintendent of Imiiaji AfiivLi-s — His Policy — Appointed Commissioner to treat with the Indians 
— Holds a Treaty at Greenville — Surrounded by Five Thousand Indians — Their Threats — His Intre- 
pidity — The Treaty — Sends Keinforcements to General Brown — The Inroads of Hostile Indians — 
He Disperses Them — His Pet Indians — Colonel James— Correspondence — General Cass' Rejection 
of British Interference in the Civil Affairs of Michigan — Treaty of Peace — Removal of his Family to 
Detroit— British Arrogance — Boarding of American Yessels — General Cass Remonstrates — Its Effect. 

Having discharged the duty which called him to Albany, Gen- 
eral Cass returned to Deti'oit. There were too many duties there 
to perform for him to be absent from his post any longer than 
absolute necessity required. Although the British garrisons were 
then broken up, and Tecumseli was in his grave, yet the reader 
must not imagine tliat " order reigned in "Warsaw," or that the 
people of that Territory were now free from the calamities of war. 
The ill temper, and hostile propensities of the Indians to plunder, 
rob, and murder, were yet to be subdued. The upper country 
vras not free. The British flag waved at Mackinaw, and the^ in- 
termediate country was filled with fur traders, who believed their 
interests were antagonistic to the United States. American citi- 
zens, who had fled from their firesides and homes durino- the 
previous eighteen months, were now returning to behold the devas- 
tations of their property, without business, and with scanty means 
of support. All of the province of Canada which had been held 
in submission by the presence of the British soldiery, was now 
subject to the order of the Governor of Michigan, and to him was 
entrusted the enforcement of law and the protection of their rights 
in common with citizens on the west side of the river. 

General Cass fully appreciated the resj^onsibility of his position, 
and, with the wisdom of a statesman, set himself to work. How 
long hostilities would continue, or how they would end, or whether 
the Canadas, or any portion thereof, would become part and par- 
cel of Michigan, were questions not easily answered. It was 
sufficiently obvious, however, to his active and cultivated mind, 
that the end of the war would find the Stars and Stripes waving 

over the peninsula of Michigan, at least, if not over all the lauds 

7 



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93 LIFE AJTD TIMES 

west to the Mississippi. But to accomplish this it was necessary 
to quell public fear and restore public confidence; to induce the 
citizens to feel that their houses were safe from the tomahawk and 
knife of the savage, their lives free of jeopardy from the assassin 
and the incendiary, and their business pursuits protected by the 
sleepless vigilance of the law. As in all his previous undertak- 
ings, so in this, he calmly surveyed the ground, and determined 
Avhat the exigencies of the times required him to do. 

Impressed with the conviction that such extensive military and 
civil powers should not be vested in the same person. General 
Cass now tendered to the President his resignation of the commis- 
sion of brigadier general in the army. This was accepted, but 
the acceptance was accompanied with the express requirement, 
by the President, that he should take charge of the defense of the 
Territory, in his capacity as Governor. 

The seat of the war, on the north-west frontier, was, about this 
period, transferred to the eastern part of Upper Canada, and the 
line of Niagara river, between the two lakes, Erie and Ontario, 
became the theater of operations. General Brown took the com- 
mand, and the principal portion of the military forces at or near 
Detroit were ordei'ed to march thither. Michigan was left with 
only one company of regular soldiers for her defense, consisting 
of twenty-seven men. With such an inadequate force, and the 
local militia. General Cass, the Governor, was left to defend the 
Territory against the hostile Indians, who were constantly hovering 
around Detroit. 

While Detroit was in this defenseless condition, a war party of 
Indians issued from the forest which skirted the town, and marked 
tlieir irruption by one of those deeds of blood which have made 
the history of that frontier a record of trials and sufferings with- 
out a parallel in the progress of society. As the strength of the 
war party was unknown, it is difficult to find words to describe 
the alarm which prevailed among the inhabitants. But General 
Cass was not to be dismayed by Indian whoops or the discharge 
of Indian rifles. His ears were familiar to such sounds. Although 
destitute of disciplined troops, enough of the inhabitants responded 
to his call, and, supplying the place of numbers and experience 
with their energy, he drove the foe from the settlement to his 
native haunts in the forest, after a short but sharp conflict. Ho 
well recollects the terror inspired by his return, as the seal}) hallo 



OF LEWIS CASS. 99 

was raised by some of his friendly Indian hunters to indicate the 
success of the party, and broke the silence of the twilight with 
that terrific sound, which, once heard, is never foi'gotten, and 
which tells the tale of blood before the bleeding trophies and the 
victors present themselves. Whether this signal was from friend 
or foe, the helpless women and children, whose husbands and 
fathers had gone out to defend them, had no means of knowing ; 
and many of them, in the terrible uncertainty, took to their canoes 
and fled for safety to the Canadian shore. Happily, the return 
of their friends removed all apprehension, and secured their safety. 
Such incidents are characteristic of frontier life, and when they 
shall have been hallowed by time and traditional associations, 
they will constitute the romance of Indian history. 

As Governor of the Territory, General Cass was, ex-oflicio, Su- ^ 
perintendent of Indian Affairs, and it became his prerogative and 
duty to advise with the government on this subject. He early 
had an impression that it was the policy of the government, as a • 
means of pacification, to purchase the possessory rights of the In- 
dians in those extensive tracts of land over which they were con- 
tinually roaming ; to limit their hunting grounds to a narrower 
compass; to teach them agriculture and mechanics, and give 
them school-houses and churches. This, to his mind, appeared to 
be the only feasible mode of acquiring their friendship, and, l)y 
circumscribing their field of operations, controlling their warlike 
movements, and putting an end to their manifold and constant 
depredations. At the same time, emigration and settlement, by 
the whites, would be encouraged back from the frontier posts, and 
communities of settlements planted that would ultimately rijien 
into states. The French and the English had hitherto pursued a ^/ 
different policy. All that they sought to obtain was a sufficient 
foothold for the mere purpose of temporary traffic, relying upon 
whiskey and tawdry presents for the preservation of amity ; and 
if the voyageurs and traders extended the time of their residence, 
it was because thrift and a supply of the necessaries of life fol- 
lowed their otherwise aimless occupation. The great pecuniary 
advantages flowing from this traffic was enjoyed by the individ- 
uals or companies, as the case might be, in whose employment 
these agents were, at their homes in other lands. This, to the 
far-seeing mind of General Cass, was not the policy for the United 
States to adopt. He would have his government treat with these 



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/ 



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100 LIFE AND TIMES 

men of the forest as mere occupants, and not owners, and that, in 
its intercourse with them, an efibrt should be made, at the outset, 
to impress them with the idea, that the President was their Great 
Father, having a watchful care over their interests, and, if possi- 
ble, estrange them from British gold and whiskey. 

These enlightened and humane views received the warm appro- 
bation of President Madison. Efforts had been made, for some 
time, to bring about an amicable arrangement with the various 
tribes of Indians on the Miami and Wabash ; and such progress 
had been made, b}' agents appointed for that purpose, that, in 
July, the AVar Department associated General Cass with General 
Harrison, and clothed them with power to treat, at Greenville, 
Ohio, v/ith the Indians wdio had taken part against the United 
States during the war. 

General Cass joined General Harrison at Greenville, about the 
tvv'entieth of July, 1814. Here, to their perfect amazement, they 
found some five thousand Indians in council. They had not ex- 
pected to find one quarter of that numljer. Immediately entering 
upon the business they came there to transact, the commissioners 
freely and boldly made known their views to this large and impos- 
ing council. For the first time, as it appeared, did they hear the 
important announcement, that the United States claimed to own 
all the lands, and that a peaceful occupancy by them of a portion, 
^ was all that the commissioners were empowered, by their Great 
Father towards the rising sun, to treat for. This open and sweep- 
ing declaration produced great commotion in the council. The 
tomahawk was freely brandished, and the glistening knives drawn 
from their belts and held up for terror. The commissioners re- 
mained unterrified, and repeated the declaration more emphatic- 
ally than before ; and they were further told by the authority of 
the government, " we have always desired you to sit still, but you 
would not ; to remain quiet, but you will go to war ; and now, if 
you don't join us, it is evident that you will pass over to our ene- 
mies. Here is our tomahawk, we invite you to take hold of it 
with us ;" and ere long, the commissioners found themselves, with 
their few attendants, in the midst of this numerous band of sava- 
ges who were wild with rage, and whirling, and tw^isting, and 
yelling like so many demons in their wai* dance. Some of their 
chiefs and warriors were, nevertheless, for peace, and so declared. 
They held a council among themselves, danced a great war dance, 



OF LEWIS CASS. 101 

and each chief, after recapitulating his acts of bravery, advaucecl 
to the commissioners, and taking hold of the tomahawk, flourished 
it, and said he would consider it his own. The tumult finally 
subsided, and in a day or two such progress was made in the ne- 
gotiations, that on the twenty-second day of July, a treaty of pa- 
cification was formed and signed, restoring comparative tranquil- 
lity to the frontiers, and a large body of Indians accompanied 
General Cass to Detroit, as auxiliaries. The tribes represented 
at Greenville, were the "\Yyandots, Delawares, Shawnees, Senecas 
and Miamis, and this was the first council called, in the north- 
west, to explain their condition, and invite them to join us. 

As has been already stated, the government, during the sprinp- 
and summer, were solicitous to strengthen General Brown on the 
ISTiagara ; and General Brown wrote to General Cass and desired 
him to dispatch all the troops he could spare ; and so anxious was 
General Cass to promote the object in view, that he ordered his 
whole force down the lake, reserving, in fact, but thirty men to 
hold possession of the fort at Maiden. " It is known," says a 
writer on this subject, " that General Brown, who was as just to 
others as he was brave and able, never forgot this proof of zeal, but 
mentioned it as a rare instance of devotion to the public good, by 
which local interest was risked for general interest," and he oi'ten 
afterwards made his acknowledgments to General Cass. But 
during this very defenseless state, the Indians who yet remained 
hostile, became bolder. Their war parties traversed the countrv, 
and caused much alarm. General Cass found his duties and respon- 
sibility as governor, constantly increasing. He called the whole 
adult male population to arms, and many skirmishes occurred be- 
tween the hostile Indians and the scouting parties. The governor 
sometimes himself headed these expeditions, and the nature of the 
service, as well as its personal hazard, may be judged by the fact, 
that on one occasion the servant of the governor, who rode imme- 
diately behind him, was attacked by a powerful savage, whom he 
killed in a personal rencounter. The inhabitants would sometimes 
assemble en masse, and led by the governor, armed with such wea- 
pons as they might happen to have, attempt to overhaul their 
tormentors, who endeavored to avoid a combat. Finally, on one 
occasion — their outrages became so frequent and daring — a party 
was formed, with the governor at the head, with a fixed determi- 
nation of driving away or capturing them, without reference to 



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102 LIFE AND TIMES 

time or peril. The party marched to the Indian camp, Lutfonnd 
it deserted. After searching the forest, they discovered the Indi- 
ans retreating. The governor and his party being on horses, were 
impeded in their pursuit ])y the trees. Tlie Indians were chased 
from place to place, until linally they retreated to Saginaw, 

The Indians who accompanied General Cass as auxiliaries from 
Greenville, became strongly attached to him, and soon acquired 
the sobriquet of " pet Indians." The detachment behaved with 
fidelity and bravery, and rendered good service, both on our side 
of the river and in Canada, where they were sent. The exposed 
state of this frontier, in consequence of the want of force, and tlie 
vicinity of the hostile Indians, can hardly be appreciated. In Oc- 
tober, 1814, a party of them left Detroit for the purpose of making 
excursions on the river TJiames. After remaining in that vicinity 
several days, they collected and took prisoners forty-five of the 
British militia, among whom was a colonel. Having kept them 
a short time, the Indians, to show tiieir humanity, permitted their 
prisoners to return to their homes on their parole of honor not to 
appear in arms against tiie United States or their allies, until 
legally exchanged, at the same time taking good care to detain the 
colonel as a hostage for the faithful performance of the contract 
on the part of the enemy. On the fourth of this same month, one 
of the Kickapoo Indians was shot near Cross Island, by an Amer- 
ican soldier, while in the act of presenting his gun at one of the 
American party. 

Colonel James, commander of a small British post nov/ estab- 
lished at Sandwich, notified Governor Cass that a murder had 
been committed by some American soldiers, on a poor and unof- 
fending Indian, and stating that it was needless for him to point 
out the line of conduct necessaiy on this occasion, or direct atten- 
tion to the custom of savages, wlien one of their number had been 
murdered. Governor Cass, in reply, said that he would cause 
an inquiry to be made into the circumstances of the murder, and 
the perpetrators, if detected, would suffer the punisliment which 
the laws of all civ^ilized nations provide for such an offense, and 
added that it was unnecessary to allude to the Indian custom of 
retaliating upon innocent individuals ; that the laws of this coun- 
try operate impartially upon all ofienders, and he was confident 
that no dread of the consequences would ever induce the courts 
of justice to punish the innocent or screen the guilty. 



OF LEWIS CASS. 103 

Governor Cass having thoroughly examined into all the facts 
bearing upon tlie transaction, subsequently wrote to the British 
officer, that the Indian alluded to was killed while in the attempt 
to shoot an American soldier ; that the act was committed within 
the territorial jurisdiction of the United States, and a British offi- 
cer had, consequently, no right to require, nor ought an Amer- 
ican officer to give, any explanation on the subject ; that this 
country did not acknowledge in principle, nor would it ever admit 
in practice, the right of any foreign authorities to interfere in any 
arrangement or discussion between us and the Indians living 
within our territory ; that if an Indian is injured in his person or 
]^roperty within the territory, our laws amply provided for tlie 
inmishment of the offender, and the redress of the party injured. 

The British authorities of the western district of Upper Canada, 
chagrined at the manly firmness and decision of Governor Cass, 
fortliwith issued a proclamation offering a reward of five hundred 
dollars for the apprehension of the murderer. 

As soon as this fact became known to Governor Cass, he issued 
a counter proclamation, requiring all persons, citizens of the Ter- 
ritory of Michigan or residing therein, to repel by force all attempts 
which might be made to apprehend any persons within the limits 
of the Territory, or waters under the jurisdiction of the United 
States, by virtue of the proclamation of the British authorities, or 
of any process which might issue from any authority other than 
that of the United States or Michigan. 

The American soldier wlio shot the Indian was not apprehended. 
The principle put forth by the British authorities, of taking cog- 
nizance of offenses committed within the jurisdiction of the Uni- 
ted States, was too palpably absurd to admit of question. It was 
a direct attack at our national sovereignty. The interference of 
his majesty's officers in behalf of his old allies, in a matter whicli 
did not concern them, was designed for effect on the minds of the 
savages, and to impress them with exalted ideas of the continued 
friendsliip and power of the British government ; to make that 
government appear as the voluntary avenger of their wrongs, 
whether real or fancied. Governor Cass was at home on the 
question, and possessed the courage and ability to meet the appli- 
cation with proper dignity and spirit. He would suffer no inter- 
ference of a foreign power with questions arising within the 
American jurisdiction, and he would permit no American citizen 



104 LIFE A^J-D TIMES 

to be transported to his majesty's dominions to be tried for all edged 
crimes committed within the American territory under his guar- 
dianship. 

In July of this year an attempt was made to recover Mackinaw, 
and a force was detailed, under the command of Colonel Croghan, 
for this purpose, with the co-operation of a part of the American 
fleet on Lake Erie. The works of the British, with the aid of the 
savages in that vicinity, were too strong, and the attempt was 
unsuccessful; but the establishments at St. Joseph's and at Sault 
Ste. Marie were destroyed. 

In the winter of 1815, the treaty of peace was ratified by the 
President and Senate, providing that all the places which had 
been taken by the English or Americans during the war, should 
be restored ; and, on the first day of July, Maiden was surren- 
dered to the British. 

In June, 1815, General Cass removed to the Territory, with his 
family, and established himself in Detroit, which has been his 
residence ever since, except when absent in the service of tl^e 
United States. At that time, the population of the Territory was 
probably five or six thousand, spread over an immense extent, and 
in a state of great destitution, owing to the terrible calamities 
which had marked the progress of the war upon this whole fron- 
tier. The social and political state of the country had to be built 
up. There was not a road, a real road, in the Territory, nor a 
brid'T-e, nor a church, nor a school-house, nor a court-house, nor a 
jail. jSTot a foot of land had ever been sold by the United States, 
for, of course, there was no encouragement for emigrants. The 
jurisprudence had to be constructed, and, in fact, almost every 
thing to be made anew. 

But British arrogance did not stop with the war. Forgetting, 
apparently, that upon the inland seas of the western country 
there were no belligerents and no neutrals, and therefore no' rights 
fur the one party to exercise, nor wrongs for the other to suffer, in 
consequence of those relations, parties of men from the schooner 
Tecumseh, an armed vessel of His Britannic Majesty, in June, 
1816, boarded the brigs Union and Hunter, and the schooners 
Champion and General "Wayne, for the purpose of seeing the crew 
and lading. This encroachment on the rights of individuals, as 
well as a violation of the rights of the nation, was brought to the 
attention of Governor Cass, who immediately addressed a decided 



OF LEWIS CASS. 105 

note, uiiJer date of the sixth of that month, to the commanding 
officer of the Tecumseh, saying : 

" It has been officially represented to me that, in several instan- 
ces, within a few days, vessels, bound from ports of the United 
States, npon Lake Erie, to this place, have been boarded by parties 
of men from an armed vessel of His Britannic Majesty, lying off 
Amherstburgh. 

" These parties have entered the vessels while passing through 
the usual channel of communication between lakes Erie and Huron ; 
in one instance, with the avowed object of taking therefrom two 
men, under the pretense of their being British deserters, and, in all 
instances, with objects, so far as they could be ascertained from 
the questions and conduct of the boarding officer, which furnish 
no justification for a British officer in forcibly entering a vessel of 
the United States. 

"■ Tlie manner in which this service has been performed, has 
had no tendency to diminish the effect which the character of 
fcuch transactions is calculated to produce. The conduct of the 
boarding officer has been arrogant and imperious. 

"In an aggression like this, the government of the United 
States can alone determine what course the honor and interest of 
the nation requires should be taken. But, until their decision 
shall be made known upon the subject, it becojnes my duty to 
remonstrate against a practice for which the laws of nations afford 
no pretense ; which is inconsistent with the relations existing 
between our respective governments ; and the continuance of 
which must be attended with serious and important consequences." 

This note to the British commander had the desired effect, and 
no further complaints were made to the governor of any interrup- 
tion to American commerce or American vessels, while peacefully 
pursuing their legitimate business in those waters. It was satis- 
factory to the British officials that if vessels, bearing the flag of the 
United States, should be stopped and forcibly entered, with the 
avowed purpose of taking from them persons on board, and within 
sight of the spot consecrated by the victory of Perry, the whole 
nation would fly to arms, and that, notwithstanding the right of 
visitation and search was not mentioned or qualified by the treaty 
of Ghent, the United States would not, in any event, secede from 
their high and impregnable position upon this subject. 



lOG LIFE AND TIMES 



CHAPTER VIII. 

The North-west Territory— Civil Government of Michigan— Land Titles— Condition of Michigan at 
Close of the War— Currency— Extent of the Territory— General Cass feels the Responsibility of hla 
Position— Imputed Frauds on the Indians— How ho Performed his Duties— Appointed to Treat with 
Ohio Tribes of Indians— Treaty of Fort Meigs— Aversion of the Chiefs to Remove— Wisdom of Com- 
missioners—Large Cession— Military Road— The Detroit Gazette— The People Against a Change of 
Government— Public Surveys— Emigration into the Territory— The Six Nations— General Cass' 
Views of the Duties of an Indian Commissioner- Negotiates a Treaty at St. Mary's— Council at 
Saginaw— His Popularity with the Indians— Election of Delegate to Congress— Its Benefits. 

The Territory of Michigan, from 179G, when possession was 
obtained from the British government, up to 1805, was a part of 
the organization known as " the territory of the United States 
north-west of the Ohio river," and was subject to the provisions 
of the ordinance of 1787. It occupied the first grade of territorial 
government, as prescribed by that ordinance — a governor, three 
judges, and secretarj^, constituting the civil power. To the 
governor and judges, or a majority, was confided the trust of 
selecting and adopting such laws of the original thirteen States, 
civil and criminal, as they might deem necessary and proper, and 
suitable for the district. Congress alone had the power to revise. 
In 1798, the North-western Territory entered upon the second 
grade of territorial government. This grade added a legislature 
to the civil authority, and, to entitle a district to representation in 
this body, it was provided that the district must have a population 
of five thousand free male inhabitants of full age, and for every 
five hundred of such inhabitants, one representative was allowed. 
The general assembly, in that year, convened at Chillicothe, and 
Michigan appeared by one representative. In 1805, Indiana was 
organized as a separate government, and Illinois and Michigan 
comprised the residue of the North-west Territory. In July of 
this year, Michigan was organized as a separate territorial govern- 
ment, by General Hull, who was appointed governor. At this 
period, the quantity of land within the Territory, at the disposal 
of the government, was small, and, for the most part, embraced 
east of a line running north from the river Raisin to Lake St. 
Clair, at a remove of six miles from the Detroit river and the 



OF LEWIS CASS. 107 

shore of Lake Erie. Upon exaraination, it was evident that the 
claimants held their lands by a precarious tenure ; in many 
instances, deriving title from subordinate French and English 
officers. The settlers, fortunately for themselves, however, had 
made more or less improvements, and these were subsequently 
confirmed by legal grant from the United States, under the advice 
of the territorial government. 

The only further cession of title to the lands, prior to the acces- 
sion of General Cass to the governorship, was obtained from the 
Indians, under a treaty held by General Hull, at Brownstown, in 
1807. The southern boundary of this cession was the Maumee 
bay and river, and embracing all the lands lying east of a line 
running north, from the mouth of the Au Glaire, a tributary of 
the Miami, until it should intersect the parallel of the outlet of 
Lake Huron; thence extending, in a north-easterly direction, to 
White Rock, on Lake Huron, this northerly line being afterwards 
adopted as the princij^al meridian line for the public surveys of 
the Territorv. 

Thus stood the Territory at the close of the war, commenced 
with Great Britain in June, 1812, and concluded in the whiter of 
1S15. During this war, Michigan had suffered greatly. Scarcely 
a family, when it resumed its domestic establishment, found more 
than the remnants of former wealth and comforts. Entire families 
had been broken up and disj^ersed by this furious god ; parents 
had been torn from children, and children from each other ; some 
had expired on the field of battle, and others had been slain with 
ruthless barbarity by the Lidians. Laws were powerless, and 
morals had suffered in the general wreck. Agriculture and com- 
merce had languished. Provisions, and all the necessaries of life, 
were scarce, and high prices ruled in all transactions. Money, it 
was difticult to get ; and the bank paper of Oliio constituted the 
general currency among the people. This, in New York city, 
was twenty and twenty-five per cent, below par, and precluded 
commercial transactions, except at a ruinous figure to the specu- 
lator and merchant. 

In such a gloomy and unpromising condition did General Cass 
find Michigan, when he assumed the reins of its government. He 
saw, at a glance, that a civil government was to be established, 
and laws devised, enacted, and to be carried into effect, ere he 
could flatter himself that he possessed more than a mere selvedge 



108 LIFE AND TIMES 

of government. Constituting a part of the legislative power, it 
rendered it a delicate task to aid in the enactment of laws which 
wore to be enforced by the same will. How well he performed, 
with decision and enliglitened discrimination, these herculean 
labors, the condition of Michigan, when he laid down the scepter, 
abun dantly demonstrates. 

The war had ruptured or weakened every tie which had pre- 
viously connected the Indian tribes with the United States. The 
general direction of our intercourse with the Indians was one of 
the most important duties then devolving npon the Governor of 
Michigan. He was, by law. Superintendent of Indian Affairs 
within the Territory; and, in addition, he had, by the direction 
of the government, the same authority over all the Indian tribes 
east of the Mississippi and north of the Ohio, an extensive region, 
and inhabited by many bands of fierce and warlike Indians. This 
large and dangerous jDopulation was exposed to hostile impulses, 
as well by their contact with our frontier settlers as by the excited 
feelings which had been called into action by the events of the 
war; and to prevent collisions, and to protect and preserve the 
Indians in their relations of peace, required great firmness and 
judgra.ent. General Cass was called, by these duties of inter- 
course, repeatedly to visit the Indians through this vast country, 
and as far north and west as the heads of the Mississippi. Councils 
were, from time to time, held with the various tribes, treaties to 
be formed, annuities to be paid, and dangers and difficulties to 
be averted. In repairing to the council fires of the respective 
tribes, (for each has its own, where business is done,) the mode 
of traveling was on horseback or in birch canoes, — in the former 
mode, where the Indians were in the interior, removed from 
navigable water-courses; and in the latter, where they could be 
reached by water conveyances. By land, the journey was slow 
and laborious. A day's travel did not average over thirty miles ; 
and at night, the horses were turned out to pick such herbage as 
they could find, being first spanceled-^ that is, having their two 
fore legs tied together by a band, to prevent escape, and the 
party lay down, with a blanket around them and their heads 
upon their saddles for pillows. The precarious supplies furnished 
by hunting, together with such provisions as could be packed, 
were their resources for food. Ko roads, no bridges, no houses, — • 
this state of things portrays the obstacles to be encountered. 



OF LEWIS CASS. 109 

In canoes, there was much more comfort. An Indian canoe, 
made of birch bark fastened to thin cedar ribs, is a very fragile 
boat; but it rides the waves well and safelv, and is easily pro- 
pelled. When the traveling party approached a rapid, the canoe 
and its contents were taketi from the water, and carried across 
^ the portage upon the shoulders of the crew, and replaced in the 
water above the obstruction, and then the vovao-e was renewed. 
In a country intersected by water courses, this is a very inde- 
pendent mode of traveling for the Indians. General Cass once 
met a squaw, who had all her worldh- possessions, everything 
necessary for her existence, upon her back. Her load consisted 
of a little birch canoe, her kettle, her mat house, her blanket, and 
one or two other articles ; and she seemed to travel along in good 
spirits, across the portage, self-jDOSsessed and self-defended. The 
j Indians and the Canadian voyageurs — the latter a peculiar class 
'■ which has nearly disappeared, strong, muscular and indefati- 
j gable — managed these slender machines with great skill and 
I judgment, laboring with much exertion, and resting every 
; pipe, at once the measure of distance and the great solace of 
j labor. Many thousands of miles has General Cass traveled in 
I these little barks, attended by the Indians, who presented an 
; animated scene upon the waves, in their light cockle shells, 
always in good spirits, and making the shores re-echo to their 



songs. 



General Cass found the number of Indians within his juris- 
diction, when he assumed the Superintendency of Indian Affairs, 
to be all of forty thousand, and that they could furnish, on most 
occasions, at least nine thousand M'arriors. They claimed to 
be the rightful ovvmers of eleven millions of acres of land in 
Michigan alone, and, tracing their title to the Great Spirit in 
the clouds above and around them, they were disposed to adhere 
to it with the most superstitious bigotry. He fully appreciated 
the magnitude of this additional responsibility ; he was also fully 
aware of the multiplicity of personal interests, with which he 
must necessarily come in contact in the discharge of his official 
functions in this quarter; but, despite this, he determined to 
discharge his duty to his country, and to all interested, with 
efficiency and undeviating fidelity. These duties commenced, 
too, at a time when, to the natural difficulties of their perform- 
ance, was added imminent personal danger to the officer. Many 



110 LIFE AND TIMES 

were the stories in circulation, impugning the motives of nego- 
tiators of treaties with the Indians, and great were the pecuniary 
advantages said to liave been derived by them. But General 
Cass, inheriting, in a large degree, the integrity of his ancestors, 
— as solid as the granite hills among which he was cradled, — 
resolved to show to the world, that honesty could exist in the 
care and control of the fierce sons of the forest. With such 
views, he commenced his work; and with abiding assiduity did 
this pioneer commissioner do the bidding of his government, in 
winter or summer, day or night, — traveling through the wilder- 
ness on foot or horseback, and traversing its lakes and rivers in 
the birchen canoe. Hundreds of thousands of dollars did he 
disburse, transported at his own risk and under his own ever 
watchful eye; and not unfrequently procuring the means, on 
his private credit; of fulfilling treaty stipulations, when the 
government delayed to provide them. 

In the month of April, 1817, General Cass was selected by the 
President to ascertain, by a personal interview with the chiefs 
and head men of the several tribes claiming lands within the 
limits of Ohio, whether it was then practicable to extinguish 
their title. Discretionary powers were conferred upon him: — 
if he should find it impolitic or impracticable to obtain all the 
country claimed, he was directed to learn whether there would 
be any reasonable prospect of obtaining the relinquishinent of a 
portion. He immediately proceeded to Lower Sandusky, and 
was satisfied that the Indians might be induced to consent to 
cede their rights to a part, if not all, of the desired land. So 
he reported to the War Department; and the following May 
he was commissioned, in conjunction with General McArthur, 
to enter upon negotiations at his earliest convenience. Tlie 
Commissioners received no definite instructions in reference to 
the provisions of the treaty which they might make, excepting 
that they should keep in view the policy of the government, to 
effect, ultimately, the peaceable removal of the Indians to the 
country west of the Mississippi river. 

The Commissioners accepted the power conferred ; and the 
Bachems, chiefs, and warriors of the Wyandot, Seneca, Delaware, 
Shawnee, Pottawatomie, Ottawa and Chippewa tribes assembled 
to meet them at Fort Meigs, in Ohio, upon the Maumee, where is 
now tJje tuwn of that name, in the month of September following. 



OF LEWIS CASS. Ill 

Much talk was Lad ; and General Cass soon discovered, in the 
progress of the negotiation, that he was dealing with minds, 
some of whom would compare favorably, in point of reason and 
comprehension, with tlie most enliglitened in civilized life. The 
Indians, in view of the new home suggested to their consideration 
beyond the far-off Mississippi, were in a feverish state of excite- 
ment. They did not contemplate it with any degree of pleasure. 

During the war of 1812, a considerable portion of the north- 
western Indians were in the British interests, and they became 
highly excited against the American government and people. 
This state of feeling occasionally broke out into acts of treachery 
and violence, and it was fostered and encouraged by the British 
Indian agent upon the frontier, who desired to preserve an influ- 
ence to be exerted as subsequent circumstances might require. 
At this council this feeling strongly displayed itself, and in open 
council there was a demonstration which threatened serious conse- 
quences, but which was averted by the firm and prompt interfer- 
ence of the commissioners, who immediately left their seats and 
placed themselves in the midst of the Indians, overawing them by 
their personal conduct. In tliose days the Indians were numer- 
ous, and many of them disaffected, an(!l|every treaty was attended 
by thousands eager to take part in the proceedings, and to secure 
for themselves the largest portion of its favors, and thus individual 
cupidity operated in aid of the other causes of excitement. 

To surmovmt these obstacles, it was necessary for the commis- 
sioners to put in requisition all their sagacity, tact and experience, 
and be patient under every difficulty. They were fully sensible 
of the incalculable importance of the desired acquisition, and 
General Cass was equally aware that if the negotiation terminated 
successfully, it would serve as a precedent, and be the entering 
wedge towards the final accomplishment of the policy which he 
had already shadowed fortli to his government, of circumscribing 
the boundaries of savage life. Finally, owing to the great good 
sense and wisdom of the commissioners — for they had no presents 
to buy their good will, and the use of whiskey was interdicted at 
the commencement of the council — a treaty was concluded and 
signed on the twenty-ninth of the month, by which those tribes 
represented at the council, ceded to the United States nearly all 
the land to which they laid claim within the limits of Ohio, a part 
in the State of Indiana, and a portion in the Territoiy of Michigan. 



112 LIFE AND TIMES 

This treaty was at once transmitted to Wasliington, and General 
Cass, well satisfied with the result of his mission, returned to 
Detroit. 
\ This was the most valuable treaty which the United States had, 
Tip to that time, made with the Indians. It attached the isolated 
population of Michigan to the five hundred thousand inhabitants 
of Ohio ; it made the territorial government, in a fuller sense, an 
integral part of the American Union, and removed forever all 
apprehensions of an inimical confederacy among the Indian tribes 
bordering on the large lakes of this frontier, and their many trib- 
utary streams. The Indian title to four millions of acres of land, 
^ as fertile, well watered and beautiful as the sun ever shone upon, 
was extinguished, and the policy of removal at last fairly adopted. 
The President and the Secretary of War fully appreciated the 
importance of the acquisition. In acknowledging the receipt of ^ 
the treaty, the Secretary (Mr. Calhoun,) did the commissioi^ers 
the honor to say, " The extent of the cession far exceeds my most 
sanguine expectations, and there can be no real or well founded 
objections to the amount of compensation given for it, except 
that it is not an adequate one. This treaty may be considered, in 
its fiscal, political and raoAl effects, as the most important of any 
that we have hitherto made with the Indians." 

General Cass followed up this cession — now that the Indian 
settlements and lands could not be interposed as a barrier to the 
undertaking — by urging upon the attention of the government 
the necessity, both politically and pecuniarily, for the immediate 
construction of a military road from Sandusky to Detroit. Its 
advantages to the government were so clearly pointed out, and 
the argument so convincing, that its necessity could not be over- 
looked, if there had been a disposition to do so. But so thor- 
oughly convinced were the national authorities of its propriety 
and importance, that they cheerfully acceded to the application, 
and commenced constructing the road over the route indicated by 
General Cass, taking in its course the Black Swamp, hitherto an 
impassable morass for teams and wagons. 

In the summer of 1817, General Cass feeling the necessity of a 
newspaper at the capital of the Territory, suggested the propriety 
of establishing one to Messrs. Sheldon & Reed, and those young 
and enterprising men, believing that there was spirit enough 
among the people to justify the undertaking, perfected their 



OF LEWIS CASS. 113 

ari-angements and issued it under the name of " The Detroit Ga- 
zette." This was the first newspaper press established in Michi- 
gan, and continued for many years in the hands of the original 
proprietors. 

Continuing to enact and enforce such laws as he considered for 
the good of the inhabitants, endeavorintr to ascertain the truth or 
falsity of tlie allegation which was frequently made, that the lands 
of the Territory were for the most part worthless and swampy, and 
by actual surveys satisfied that there was a WTong impression on 
this subject, and finding that prosperity began to abound, and 
population to increase by emigration and settlement, General 
Cass called for the views of the inhabitants in March, 1818, upon 
the question of changing the civil authority by entering upon the 
second grade of territorial government. A vote was taken, and a 
majority were against it. They were content with the government 
as it was — a most flattering compliment to the competency and 
faithfulness of their Governor — and the wheels of the <rovernment 
moved on as usual. But for the purpose of fiicilitating emigra- 
tion and settlement, Governor Cass, in April following, upon the 
petition of many citizens, circulated and signed at his suggestion, 
recommended to the Secretary of the Treasury, that the lands in 
the district of Detroit be at once surveyed and brought into mar- 
ket. The department acted upon this reconmiendation promptly, 
and sales were made in September and October following. This 
movement gave a new impetus to agriculture, and added to the 
permanent prosperity of the country. 

In August, 1818, the attention of General Cass was again 
called, by Mr. Calhoun, the Secretary of War, to Indian affairs, 
and particularly to the policy of their effecting the removal of the 
Six Nations of Indians of the State of New York, west of the 
Mississippi. He was instructed to ascertain whether the Indians 
residing on Fox river, or any of the tribes residing north of Indi- 
ana and Illinois, would admit the Six Nations among them. This 
measure of the government, then in its infancy, from its peculiar 
nature, required the most delicate and politic management. The 
Indians who were represented at Fort Meigs the year before, were 
reluctant to leave their lands, and the Six Nations not onlv 
expressed their unqualified disapprobation of the proposition, but 
an absolute determination to resist. To urge it upon them at this 
time would have been prejudicial to its final success, and defeated 



114 LIFE AND TIMES 

a most necessary step towards securing the safet}"- and peace of 
the early settlers upon the lands recently acquired. General 
Cass, although fa\'orable, of course, to the project of removing 
the Six Nations, was opposed to its forcible adoj^tion then, and 
recommended that the time be postponed. In order to retain 
their confidence and friendship, he was in favor of acting upon 
principles of strict right and justice, and pursuing a fair and 
friendly negotiation. In all his transactions with the Indians, he 
carefully kept in view the honor of his country, and the condition 
of the unfortunate parties with whom he negotiated. 

In his report of the treaty with the Chippewas, dated Sep- 
tember 30th, 1818, to the Secretary of War, he remarks: "The 
negotiator of an Indian treaty is not sent upon such negotiation 
to ascertain the lowest possible sum for which the miserable 
remnant of those who once occupied our country are willing to 
treat, and to seize with avidity the occasion to purchase. Certain 
I am, that both you and the President would censure me, and 
justly too, were I governed, in any intercourse with the Indians, 
by such principles. The great moral debt which we o Ave them, 
can only be discharged by patient forbearance, and a rigid adher- 
ence to that system of improvement which we have adopted, and 
the effects of which are already felt in this quarter. Although I 
am thoroughly persuaded that it would be better for us, and for 
these Indians, that they should emigrate to the country west of 
the Mississippi, or, at any rate, west of Lake Michigan, yet it was 
impossible to give effect to that part of the instructions which 
relates to this subject, without hazarding the success of the 
negotiation. An indisposition to abandon the country so long 
occupied by their tribes, an hereditary enmity to many of the 
Western Indians, and a suspicion of our motives, are the promi- 
nent causes which, for the present, defeat this plan. When they 
are surrounded by our settlements, and brought in contact with 
our people, they will be more disposed to emigrate." 

Continuing to carry out the instructions of the War Depart- 
ment, General Cass, during the following month of October, suc- 
cessfully negotiated, at St. Mary's, treaties to carry into effect, 
Avith certain modifications, the treaty of Fort Meigs, and for the 
acquisition of further cessions of lands in the State of Indiana. 
He made treaties with the Delawares, PottaAvatomies, and Miamis, 
— three in all. 



OF LEWIS GASS. 115 

In the fullowlng year, lie solicited permission to negotiate for 
a cession of the Indian title to lands in the northern part of 
Michigan. Clad with his usual ample discretionary powers from 
the government, he met the Chippewas in council, at Saginaw ; and 
on the twenty-fourth of September concluded a treaty, by which 
large relinquishments to lands in Michigan were obtained, cover- 
ing and embracing about six millions of acres. After the treaty 
was concluded, and he had left Saginaw for Detroit, the Indians 
deputed "Washmenondeguet, their chief and orator, to overtake 
him, and express to him their entire satisfaction with the arrange- 
ment and their thankfulness for his kindness. His intercourse 
witli these people was always of a character to command respect, 
and ensure confidence and friendship. 

Xor was this friendship ephemeral. Several years afterwards, — 
when many and many a sun had risen and set, — the Chippewas, 
the Ottawas, the Pottawatomies, of Michigan, were again repre- 
sented in council at the city of Detroit. It was on the twenty- 
fifth of July, 1855. Mr. George W. Manypenny, United States 
Commissioner of Indian Affairs, was present. Upwards of one 
hundred chiefs M'cre in attendance. They had considered the 
points relative to the treaty of 1836, under which large amounts 
of money were claimed as due to their tribes from the general 
government. As a body, they were grave, sensible, and well 
behaved, and exhibiting a promptness, intelligence, and advance 
in civilization, unexpected to every observer. They had entered 
upon the consideration of the permanent location of their reserva- 
tions within the State, when General Cass, entirely unexpected to 
them, entered the council hall. At sight of him, the chiefs 
forgot their business and all the solemnities of the occasion, in 
their joy at beholding their old and distinguished friend, and 
thronged around him, grasping his hands, and testifying their 
grateful remembrance of their former intercor.rse with him. 
After this spontaneous gush of enthusiastic regard had partially 
subsided, General Cass was formally addressed by the chiefs, 
and made a reply to them, replete with wise advice. 

During the year 1819, the privilege of electing a delegate to 
Congress was granted to the people of Michigan, and further 
Bales of public lands were ordered and made. These events 
were great advances in the hopes and prosperity of MiclnVan. 
By the first, a new channel of communication was opened. 



116 LIFE AND TIMES 

through which her Chief Magistrate could convey to Congress 
and the national government, her wants and situation ; and, by 
the latter, settlements would be made further into the interior of 
the peninsula, and land, now studded, at long intervals, on the 
banks of her lakes and rivers, by the Frenchman's hut, or the 
solitary j^ost of the fur-trader, would soon become the sites of 
towns and villages, teeming with business and civilization. N"o 
one exerted himself with more zeal to effect these improvements 
in lier condition than the Governor, convinced as he was that the 
introduction of the elective franchise among the people would 
elevate their political character; and that, by the sale of the 
public lands, the population and prosperity of the country would 
be more rapidly advanced. These sales, as yet, were confined to 
the district of Detroit ; but by the extinguishment of the Indian 
titles, new surveys were ordered to be made, and those vast tracts 
of land, w^hich hitherto had been mere ranges for the wild beasts 
and savages, were soon to resound with the echo of the woodman's 
ax, and the log houses of the hardy pioneers would stud the 
wilderness. 



OF LEWIS CASS. 117 



CHAPTER IX. 

General CcOss' Indian Superintendency extended — His Tiews of Governmental Policy — lie recommends 
Peaceful Expeditions into the Superior Country — His Letter to the Secretary of War— The Secre- 
tary's Reply — Expedition — Plaster of Paris discovered — His Letter upon the Subject — Ordered 
to procure Cessions of Land at Sault Ste. Marie — Departure of the Expedition — Arrival at the 
Sault— Indian Council— General Cass' Fearlessness — His Success— Journey to the Sources of the 
Mississippi — Return— Report to the Department. 

By additional orders from the government, the superintend- 
ency of General Cass over the Indians gradually extended. As 
the country over which they spread could not be used for the 
purposes of civilization until savage occupancy was terminated, 
it had been, and continued to be, his first duty to cultivate amity, 
and, by treaty, extinguish their rights. He had now negotiated 
for the Peninsula of Michigan, Northern Ohio, and Indiana. The 
Fox and Sac Indians annually made their appearance, to receive 
thousands of dollars of presents from the British agent at Maiden. 
It was no unfrequent occurrence for them, as they passed along, 
to commit depredations upon the property of the whites ; and by 
this constant tribute, a feeling of attachment was growing up and 
strengthening towards the British government. It required but 
little sagacity to foresee the injurious effect of this to the United 
States, if allowed to continue, even in time of peace; and, in 
the event of war, apprehensions of still worse consequences were 
entertained by those conversant with Indian character. General 
Cass witnessed and dreaded the influence which this practice, 
now in full operation for a quarter of a century, produced upon 
their minds. He was too often in contact with them, not to 
fully appreciate it. He, on several occasions, had endeavored 
to dissuade them from repeating these annual visits, but to no 
purpose. To him it was evident that there was but one course 
for the government to pursue, and that was to go into their 
country, and employ the same line of policy with them as had 
already been successfully adopted with their red brethren this 
side of the Lakes. Besides, the function and characteristics of 
their country, were in fact but little known, beyond the general 



118 LIFE AND TIMES 

observations of indifferent explorers and casual travelers. Im- 
pressed with the profound importance of these views, he took 
the liberty, in the fall of 1819, of presenting them, in form and 
at length, to the War Department, in the following communica- 
tion, dated Detroit, ISTovember 18th, and addressed to John G. 
Calhoun, Secretary of War : 

" Sir : — The country upon the southern shore of Lake Superior, 
and upon the water communication between that lake and the 
Mississippi, has been but little explored, and its natural features 
are imperfectly known. We have no correct topographical deline- 
ation of it, and the little information we possess relating to it, has 
been derived from the reports of the Indian traders. 

"It has occurred to me, that a tour through that countrj^, 
with a view to examine the productions of its animal, vegetable 
and mineral kingdoms, to explore its facilities for water com- 
munication, to delineate its natural objects, and to ascertain its 
present and future probable value, would not be uninteresting 
in itself, nor useless to the government. Such an expedition 
would not be wholly unimportant in the public opinion, and 
would well accord with that zeal for inquiries of this nature 
which has recently so marked the administration of the War 
Department. 

"But, however interesting such a tour might be in itself, or 
however important in its result, either in a political or geo- 
graphical point of view, I should not have ventured to suggest 
the subject, nor to solicit your permission to carry it into effect, 
were it not, in other respects, intimately connected with the 
discharge of my official duties. 

"Mr. Woodbridge, the delegate from this Territory, at my 
request, takes charge of this letter; and he is so intimately 
acquainted with the subject, and every w^ay so competent to 
enter into any explanations you may require, that I shall not be 
compelled to go as much into detail as, under other circumstances, 
might be necessary. 

" The route which I propose to take, is from here to Michili- 
mackinac, and from thence, by the Straits of St. Mary's, to the 
river which contains the body of copper ore, (specimens of which 
have been transmitted to the government,) and to the extremity 
of Lake Superior. 



OF LEWIS CASS. 119 

•' From that point, up the river which forms the water commn- 
lication between that Lake and the Mississippi, to the latter river, 
md, by way of Prairie du Chien and Green Bay, to Lake 
Michio;an. 

"The political objects, which require attention upon this route, 

are: 

" 1. A personal examination of the different Indian tribes who 
occupy the country ; of their moral and social condition ; of their 
feelings towards the United States : of their numerical strength ; 
and of the various objects connected with thera, of which human- 
ity and sound policy require that the government should possess 
an intimate knowledge. "We are very little acquainted with these 
Indians, and I indulge the expectation that such a visit would be 
productive of beneficial effects. 

" The extract from the letter of Colonel Leavenworth, herewith 
enclosed, and the speech of the "VYinnebago Indians, transmitted 
to the War Department by Mr. Graham, from Rock Island. Feb- 
ruary 2-ith, 1819, will show how much we have yet to learn 
respecting these tribes, which are comparatively near to us. 

" 2. Another important object is, to procure the extinction of 
Indian titles to the land in the vicinity of the Straits of St. Mary's, 
Prairie du Chien, Green Bay, and upon the communication 
between the two latter places. 

"I will not trouble you with any observations respecting the 
necessity of procuring these cessions. They are the prominent 
points of the country — the avenues of communication by which 
alone it can be approached. 

"Two of them, Prairie du Chien and Green Bay, are occupied 
by a considerable population, and the Straits of St. Mary's by a 
few families. The undefined nature of their rights and duties, 
and the uncertain tenure by which they hold their lands, render 
it important that some step should be taken by the government 
to relieve them. I think, too, that a cession of territory, with a 
view to immediate sale and settlement, would be highly important 
in the event of any difficulties with the Indians. 

" My experience at Indian treaties convinces me that reasonable 
cessions, upon proper terms, may, at any time, be procured. At 
the treaty recently concluded at Saginaw, the Indians were willing 
to cede the country in the vicinity of Michilimackinac, but I did 
not feel authorized to treat with them for it. 



120 LIFE AND TIMES 

" Upon this subject, I transmit extracts from the letters of Mr. 
Boyd and Colonel Bowyer, by which it will be seen that these 
gentlemen anticipate no difficnlty in procuring these cessions. 
V " 3. Another important object is, the examination of the body 
/' of copper in the vicinity of Lake Superior. As early as the year 

1800, Mr. Tracy, then a senator from Connecticut, was dispatched 
to make a similar examination. lie, however, proceeded no farther 
than Michilimackinac. Since then, several attempts have been 
made, which have proved abortive. The specimens of virgin copper 
which have been sent to the seat of government, have been procured 
by the Indians, or by the half-breeds, from a large mass, represented 
to weiirh manv tons, Mdiich has fallen from the brow of a hill. 

" I anticipate no difficulty in reaching the spot, and it may be 
highly important to the government to divide this mass, and to 
transport it to the seaboard for naval purposes. 

" It is also important to examine the neighboring country, 
which is said to be rich in its mineral productions. 

" I should propose that the land in the vicinity of this river bo 
purchased of the Indians. It could doubtless be done upon reason- 
able terms, and the United States could then cause a complete 
examination of it to be made. Such a cession is not unimportant, 
in another point of view. Some persons have already begun to 
indulge in speculations upon this subject. The place is remote, 
and the means of communication with it are few. By timely pres- 
ents to the Indians, illegal possessions might be gained, and much 
injury might be done, much time elapse, and much ditficulty be 
experienced, before such trespassers could be removed. 

" 4. To ascertain the views of the Indians, in the vicinity of 
Chicago, respecting the removal of the Six Nations to that district 
of country : an extract from the letter of Mr. Kenzie, sub-agent at 
Chicago, upon this subject, will show the situation in which this 
business stands. 

" 5. To explain to the Indians the views of the government 
respecting their intercourse with the British authorities at Maiden, 
and distinctly to announce to them that their visits must be 
discontinued. 

'• It is probable that the annunciation of the new s^'stem, which 
you have directed to be pursued upon this subject, and the expla- 
nations connected with it, can be made with more effect by me 
than by ordinary messengers. 



OF LEWIS CASS. 121 

" 6. To ascei'tain the state of the British fur trade within that 
part of our jurisdiction. Our infoi-mation upon this subject is very 
limited, while its importance requires that it should be fully 
known. 

" In addition to these objects, I think it very important to carry 
the flao- of the United States into those remote rescions where it. 
has never been borne by any person in a public station. 

"The means by which I propose to accomplish this t^ur, are 
simple and economical. All that will be required is an ordinary 
birch canoe, and permission to employ a competent number of 
Canadian boatmen. The whole expense will be confined within 
narrow limits, and no appropriation will be necessary to defray it. 
I only request permission to assign to this object a small part of 
the sum apportioned for Indian expenditures at this place, say 
from one thousand to fifteen hundred dollars. 

" If, however, the government should think that a small display 
of force might be proper, an additional canoe, to be manned with 
active soldiers, and commanded by an intelligent oflicer, would 
not increase the expense, and would give greater eflect to any 
representations which might be made to the Indians. 

" An intelligent ofilcer of engineers, to make a correct chart, 
for the information of the government, would add to the value of 
the expedition. 

" I am not competent to speculate upon the natural history of 
the country through which we may pass. Should this object be 
deemed important, I request that some person acquainted with 
zoology, botany, and mineralogy, may be sent to join us. 

" It is almost useless to add that I do not expect any compen- 
sation for my own services, except the ordinary allowance for 
negotiating Indian treaties, should you think proper to direct any 
to be held, and entrust the charge of them to me. 

" I request that you will communicate to me, as early as con- 
venient, your determination upon this subject, as it will be neces- 
sary to prepare a canoe during the winter, to be ready to enter 
upon the tour as soon as the navigation of the lakes is open, should 
you think proper to approve the plan. 

" Yery respectfully, &c., 

" Lewis Cass." 

The department gave this communication the consideration 



122 LIFE AND TIMES 

« 

wliicli the source from whence it emanated entitled it to receive. 
As previously, so now, the views of General Cass had weight 
with the government, and in January following, he received the 
following reply : 

"Department of War, January 14th, 1820. 

"Sir: — I have received your letters of the 18th and 21st No- 
vember last. The exploring tour you propose, has the sanction 
of the government, provided the expenditure can be made out of 
the sum allotted your superintendency for Indian afiairs, adding 
thereto one thousand dollars for that special purpose. 

" The objects of this expedition are comprised under the five 
heads stated in your letter of the 18th of November, and which 
you will consider, with the exception of that part which relates to 
holding Indian ti-eaties, upon which yon will be fully instructed 
hereafter, as forming part of the instructions which may be given 
you by this department, 

" Should your reconnoissance extend to the western extremity 
of Lake Superior, you will ascertain the practicability of a com- 
munication between the Bad, or Burntwood river, which empties 
into the lake, and the Copper, or St. Croix, which empties into 
the Mississippi, and the facility they present for a communication 
with our posts on the St. Peter's. 

" The Montreal river will also claim your attention, with a 
view of establishing, through it, a communication between 
Green Bay and the west end of Lake Superior. 

"To aid you in the accomplishment of these important objects, 
some officers of topographical engineers will be ordered to join 
you. Perhaps Major Long, now here, will be directed to take 
that route to join the expedition which he commands up the Mis- 
souri. In that event, a person acquainted M'ith zoology and 
botany will be selected to accompany him. Feeling, as I do, 
great interest in obtaining a correct topographical, geographical 
and military survey of our country, every encouragement, consis- 
tent with the means in my power, will be given by the Depart- 
ment. To this end General Macomb will be ordered to afford you 
every facility you may require. 

" I have, etc., 

" J. C. Calhoun. 

" His Excellency, Lewis Cass, Detroit, M. T." 



OF LEWIS CASS. 123 

In March following, General Cass received from the Secretary 
of War information that Mr. Schoolcraft, a gentleman of science, 
and particularly skilled in mineralogy, had been selected to 
accompany him on the proposed expedition. He also received, 
in another communication, a letter from Giles Sanford & Co., to 
tlio Department, with reference to the discovery of plaster of 
Paris, and asking permission to take possession of it. The imme- 
diate reference of it, and the subject matter, to General Cass by 
tlie Department, is indicative of the unlimited confidence of the 
government in his integrity and intelligence. It was not abused, 
lie immediately acknowledged its receipt by the following reply: 

" Detroit, March lOtli, 1820. 

"Sir: — I have the honor to acknowledge the receipt of your 
letter of the seventeenth ult., inclosing a copy of a letter from 
Giles Sanford & Co. 

"Their statement with respect to the discovery of plaster of 
Paris upon one or more of the islands in the vicinity of Michili- 
mackinac, to which the Indian title has not been extinguished, is 
correct. Specimens of this j)laster have been brought here, and 
it is reported, by competent judges, to be of the best and purest 
kind. Tlie quantity is stated to be inexhaustible, and as vessels 
generally return empty, or nearly so, from the upper lakes, it 
could be transported to any part of Lake Erie at a trifling expense. 

" I have great doubts, however, whether it would be proper for 
the government to grant any permission to remove this plaster 
until the Indian title to the land is extinguished. The power of 
granting permission for that purpose is not given in the ' act to 
regulate trade and intercourse with the Indian tribes, and to pre- 
serve peace on the frontiers,' and appears, in fact, to be inconsis- 
tent with its general spirit and objects. To authorize these gen- 
tlemen to negotiate with the Indians for such a permission, is 
contrary to the settled policy which has always been ])ursued by 
the United States. I know of no case in which individuals have 
been or should be permitted to hold any councils with the Indians, 
except to procure the extinction of their title to lands claimed 
under grants from one of the States. The application here must 
be to the tribe, because in all their land there is a community of 
interest, which can not be severed or conveyed by the acts of 
individuals. 



124 LIFE AND TIMES 

"But, independent of precedent, there are strong objections to 
this course in principle. If private persons are authorized to 
open such negotiations for any object, the government will find it 
very difficult to procure from the Indians any cession of land upon 
reasonable terms. 

" Were these islands the property of the United States, I think 
it would be very proper to permit the plaster upon them to be 
removed by every person making application for that purpose. 
The supply being inexhaustible, the agricultural interest would be 
greatly promoted by such a measure, and the dependence upon a 
foreign country for this important article would be removed. 

" I therefore take the liberty of recommending that a cession 
of these islands be procured by the United States from the Indians. 
I presume that this may be done without the payment of any 
annuity to them, and without any expense, except, perhaps, a few 
trifling presents. The plaster would then be at the disposal of 
government, and its free distribution, under such regulations as 
might be adopted to prevent disputes between the adventurers, or 
a monopoly by any of them, would be equally proper and bene- 
ficial. 

" Very respectfully, sir, 

" I have the honor to be 

" Your most obedient servant, 

"Lewis Cass. 

"Hon. John C. Calhoui^, Secretary of "War." 

Impressed with the importance of extinguishing the title of the 
Indians to the lands they occupied. General Cass again addressed 
the War Department on that subject, on the eleventh and seven- 
teenth. And in a letter of the fifth of April, the Secretary says : 

" In relation to procuring cessions of land from the Indians, the 
government has decided that it would be inexpedient to obtain 
any further extinguishment of Indian title, except at the Sault de 
St. Marie, where it is the wish of the Department that an incon- 
siderable cession, not exceeding ten miles square (unless strong 
reasons for a greater cession should present themselves from an 
actual inspection of the country), should be acquired upon the 
most reasonable terms, so as to comprehend the proposed military 
position there. 

" Herewith you will receive a plate of the country about the 



OP LEWIS CASS. 125 

Saiilt de St. Marie, on which is indicated the military site intend- 
ed to be occupied for defense. You will also procure the cession 
of the islands containing plaster, provided these islands are 
clearly within the boundary of the United States, and can be 
obtained without any considerable expense. 

" A commission, authorizing you to hold these treaties, will 
be forwarded to you in a few days. 

" As it is desirable to know by what title the people at Green 
Bay and Prairie du Chien hold their lands, and whether or not 
the Indian titles to those lands were extinguislied by the French, 
at any period subsequent to their possession of the country, 
(which is the impression of this Department), you will communi- 
cate such information as you possess, or may obtain, during your 
tour, on this subject. 

" In addition to Mr. Schoolcraft, Captain Douglass, of the En- 
gineer Corps, has been ordered to join you, and Mr. Whitney, (in 
whose behalf application has been made for that purpose,) may 
accompany you, if you can accommodate him. Should he ac- 
company you, he will be allowed the same compensation made 
to Mr. Schoolcraft, who will be allowed one dollar and fifty cents 
a day for the time actually employed." 

It will readily occur to the reader, upon a perusal of these doc- 
uments, that different motives, relative to the extinguishment of 
Indian title, actuated the Secretary of War and General Cass. 
The military defense of the country appeared to be uppermost in 
the mind of the former, whilst the latter embraced within his 
view, also, the settlement of the country, and its ultimate perma- 
nent prosperity. The government, however, sanctioned the en- 
terprise ; and its projector congratulated himself that this would 
be a good stepping-stone — a beginning, at least, — towards the 
final accomplishment of the wise policy of emigration and actual 
settlement, which he then favored with all his energies, and now 
is crowned with splendid results. 

The expedition — viewed in all its aspects — was the most im- 
portant ever undertaken under the auspices of the government, 
and was so regarded by the public prints in various parts of the 
United States. It was manned as recommended by General 
Cass, in his first suggestions to the Department. A suitable com- 
plement of soldiers was detailed, not so much for the safety of the 
travelers, as for its effect upon the Indians. The several scientific 



/ 



126 LIFE AND TIMES 

gentlemen who had been selected to accompany the expedition 
reached Detroit in Mav. The birchen canoes, in which the ex- 
pedition was to be conveyed, were ordered from the Chippewas 
of Lake Huron, near Saginaw Bay. Combining lightness with 
strength, they could be readily carried over portages, and bear 
considerable burdens when afloat. 

The traveling party consisted of General Cass; Eobert A.For- 
syth, his private secretary ; Henry R. Schoolcraft, as mineralogist ; 
Captain D. B. Douglass, professor of engineering at West Point, 
as topographer and astronomer ; Doctor Alexander Wolcot, as 
physician ; Lieutenant Evans Mackey, United States Artillery, as 
commandant of the escort; and James D. Doty and Charles C. 
Trowbridge, who occupied respectively the situation of oflicial 
secretary and assistant topographer. Besides these gentlemen, 
ten Canadian voyageurs -were taken to manage the canoes, ten 
United States soldiers to serve as an escort, and ten Ottawa, Chip- 
pewa, and Shawnee Indians to act as hunters, under the direc- 
tions of James Riley, an Anglo-American, and Joseph Parks, a 
Shawnee captive, as interpreters. 

The expedition left Detroit on the twenty-fourth day of May. 
General Cass, with several of the members, proceeded by land 
nine miles, to Grove Point, on Lake St. Clair. The banks of the 
river, at Detroit, were lined wath a large and enthusiastic con- 
course of people as the canoes passed up ; and the soldiers, In- 
dians, and Canadians, were exhilarated wilji the scene, and merrily 
and rapidly took their departure. The party, in consequence of 
a heavy gale, were detained at Grove Point, and did not resume 
their travel until the twenty-sixth, when the men loaded the 
canoes, and, at mid-day, the expedition embarked. They coasted 
along the lake, passed up the St. Clair river, and keeping near 
the southern shore of Lake Huron, and after suffering much delay 
from the rain and wind, on the sixth of June reached Michili- 
mackinac, and, with a complimentary salute from the fort to the 
leader of the expedition, landed, amid the congratulations of the 
citizens of that northern post, who pressed forward to extend the 
hand of welcome. Here terminated the first great pause in their 
journey, after a tedious voyage of fourteen days, and at a remove 
from their starting place, of three hundred and sixty long miles. 
By following the indentations of the coast, and entering Saginaw 
bay, the route of travel was longer than if, as on board of a 



OF LEWIS CASS. 127 

steamboat, they could Lave traversed the lake farther from its 
storm-battered and rocky shores. 

Having spent eight days on the island, the party were rccrnited, 
and felt better prepared for plunging deeper into the north-west 
forest. Before venturing to enter the stronghold of the Chippe- 
was, whose domain encircled Lake Superior, it was deemed 
prudent, as a precautionary measure, to take along an additional 
military force of twenty-two men, under the command of Lieuten- 
ant John S. Pierce, of the United States Army, a brother of 
Franklin Pierce, as far as Sault de Ste. Marie. The expedition, 
with this additional force, now numbered sixty-four persons, and 
embarking from the island on the fourteenth, they reached the 
Sault on the evening of the sixteenth, and encamped on the wide 
green extending along the river. 

This place was the seat of the Chippewa government, and being 
the outlet of Lake Superior, and at the head of ship navigation, 
had been occupied, as a military and trading post, from an early 
period of the settlement of Canada. Under the treaty of Green- 
ville, made in 1795 by General Wayne, a reservation was made, 
covering any gifts or grants of land in the North-west Territory 
which the Indians had formerly made to the French or English, 
and this reservation had been renewed or confirmed by treaties 
with the same tribes, since the conclusion of the war of 1812, by 
the treaty of Spring AVells, of the eighth of September, 1815, and 
by the treaty of Fort Harrison, of the fourth of June, 1816. Under 
these treaties, the United States claimed the concession formerly 
made at the Sault, to the French, and by virtue of which conces- 
sion, this place had been occupied as a military post. General 
Cass now proposed to hold a council, for settling the boundaries 
of the grant, and thereby obtain an acknowledgment and renewal 
of the concession. 

This council was assembled at the marquee of the Governor, 
with the national ensign floating above it, the next day after his 
arrival. The chiefs, arrayed in their most attractive habiliments, 
with the usual profusion of feathers, and wearing their medals, 
received from time to time from the British, entered the marquee, 
and seating themselves with all their native dignity, opened the 
council with the ceremony of smoking the pipe of peace. When 
this was finished, and the intei'preter, James Riley, a son of J. 
Y. S. Piley, of Schenectady, N. Y., by a Sfiginaw woman, and 



12S LIFE AND TIMES 

acquainted with the language and customs of the Cbippewas, had 
taken his position, by direction of General Cass, he explained to 
the chiefs the object of tlie council. They gave him their undi- 
vided attention ; but it was evident that tlie interpreter's speech 
was not well received, and many of them spoke, in reply, in oppo- 
sition to the proposition of re-occupancy. At first, pretending 
ignorance of former grants to the French and Englisli, and pressed 
from that position by a recurrence to facts wliich they could not 
parry, they still continued to evade, and the talk soon became 
desultory and very unsatisfactory. They differed among them- 
selves, and the discussion soon became animated. Some expressed 
a willingness to adjust the boundaries, if it was not intended to 
occupy the place with a military garrison, accompanying tlieir 
remarks with the suggestion, that, if it was so occupied, they were 
fearful their young men might prove unruly, and kdl the cattle 
and hogs that might stray away from the garrison. This was 
designed as an insidious threat, and so received by General Cass; 
who immediatelv, in an emphatic but dignified tone and manner, 
informed them that, as to the establishment of a military garrison 
at that place, tbey need not give themselves any uneasiness, for 
that point was already irrevocably settled, and so sure as the sun, 
which was then rising, would set in the west, so sure would an 
American garrison be sent to that place, whether they renewed 
the grant or not. Such decision always has great weight with the 
Indians, and was particularly so in the present instance, as one 
of the officers of the American party, just before the assembling 
of the council, very indiscreetly and unauthorizedly, had intimated 
to one of the chiefs that it was not intended to send a garrison 
there. This decisive language had a sensible effect, and at once 
brouo-ht matters to a crisis. Their animated conversation and 
violent gesticulations plainly showed that high words were passmg 
among the Indians. Shingabowassin, of tall and stately stature, 
and head chief of the band, was for moderation. Shingwauk, a 
chief who was on the war-path in 1814, was for extreme measures. 
Sassaba, a tall, martial -looking chief, wearing a scarlet uniform, 
with epaulets, and reputed to hold the rank of a brigadier in the 
British service, was the last chief who spoke ; and, in the course 
of his speech, assuming a look of savage wildness, he drew his 
war-lance, and stuck it furiously in the ground before him, and 
retaking it, left the marquee, kicking away the presents which 



OF LEWIS CASS. 129 

had been laid before him. This defiant speech brought the delibe- 
rations to a close, and, amid great agitation and excitement, the 
council was summarily dissolved, the Indians going to their hill, 
and the Americans to their tents. 

The Indian encampment was situated on a small hill, a few 
hundred yards west from the Governor's marquee, with a small 
ravine between. The Indians raised the Ilritish flag as soon as 
they reached their encampment. Supposing that their superiority 
in numbers made them, on that occasion, invincible, they ventured 
to indulge in the grossest insolence. The business of the party at 
that point had reached a crisis, and a conflict appeared inevitable. 
The Governor instantly ordered the expedition under arms, and 
calling the interpreter, proceeded with him, naked-handed and 
alone, to Sassaba's lodge. Several of the party, and, among 
others, Mr. Schoolcraft, being armed with short rifles, volunteered 
to accompany the Governor as a body guard, but he decidedly 
refused this. On reaching; the lodo;e of this hostile and violent chief, 
he with his own hands pulled down the British flag, trod upon 
it, and, entering the lodge, told Sassaba that the hoisting of that 
insulting flag was an indignity which would not be tolerated on 
American soil : that the United States were the natural iruar- 
dians and friends of the red man, and desired to act justly, and 
promote their peace and happiness ; that the flag was the emblem 
of national power, and tliat two national flags could not fly in 
friendship on the same territory ; that the red man must not raise 
any but the American, and, if they again did it, the United States 
government would set a strong foot upon their necks, and crush 
them to the earth ; and he took the flag to his own quarters. 

This intrepid conduct astonished the Indians, and was all that 
prevented an open rupture. Expecting so decisive a step to bo 
followed by an instant attack on their camp, in ten minutes after 
the return of the Governor to his marquee, the Indians had cleared 
their lodges of their women and children, and covered the river 
with their canoes. The expedition, now nnder arms, were every 
moment expecting to hear the war-whoop, and prepared them- 
selves to receive the furious shock. They remained in this position 
for some time, but finally it was observed that the Indians ceased 
to hold themselves in a hostile position, and the soldiers were 
dismissed to their tents. 

The bold and daring course pursued by General Cass, had had 
9 



130 LIFE AND TIMES 

its effect, and evidenced a thorough knowledge of Indian charac- 
ter. They respect bravery. The movement of the entire force 
of the expedition would have broughf on an immediate fight ; hut 
to see one man, and unarmed, walk boldly into their camp and 
tear down the symbol of their power without ceremony, amazed 
them, and brouo-ht them to reflection. General Cass has since 
been told, that, when this proceeding was stated to Mrs. Johnston, 
the daughter of Wabojeeg, she told the chief that resistance was 
madness, and that this man, Cass, had too much the air of a great 
man to be trifled with, and would carry his flag through the 
country. She counseled peace. Shingabowassin responded to 
this advice, and Shingwauk coincided. Before the day passed, a 
better state of feeling prevailed among all of them, and Shinga- 
bowassin renewed negotiations. Towards evening, another council 
of chiefs was convened, and a treaty read, and signed by all, ex- 
cept Sassaba, ceding four miles scpiare, reserving the perpetual 
right to fish at the rapids of the river ; and the next day, the 
seventeenth of June, the expedition resumed its journey, and 
entered upon the waters of Lake Superior. 

On the twenty-first, they reached the Pictured Rocks, so called, 
consisting of a series of lofty bluffs, extending along the southern 
shore of the lake for many miles, and presenting some of the most 
sublime and commanding views in nature. Among many strik- 
ing features, one, in particular, attracted the admiration of General 
Cass. It was called the Doric Rock, an isolated mass of sand- 
stone, projecting into the lake, consisting of four natural pillars, 
supporting an entablature of the same material, and presenting 
the appearance of a Avork of art. On the entablature rested a 
stratum of alluvial soil, covered with pine and spruce trees, and 
man_y of them sixty feet in bight. The most remarkable feature 
of this wonder consisted of an excavation of the entablature, 
between the pillars, in the form of a common arch, giving it the 
appearance of a vaulted passage into the court-yard of some 
massive pile of antiquated buildings. On the evening of this day, 
they came across a village of Chippewas, about six miles beyond 
the termination of this picturesque shore, and were welcomed to 
their lodges. Here they were entertained with dancing and other 
festive feats. 

On the twenty-fifth of June, the party left Lake Superior, and 
ascended Portage river. After a boisterous passage much of the 



OF LEWIS CASS. 131 

way, and •rainy weather, and after passing from one portage to 
another, on the fifth day of July they reached the Fon du Lac. 
Ascending the St. Louis river to one of its sources, they descended 
a tributary stream of Sandy lake to the Mississippi river ; thence 
ascended to the Upper Red Cedar lake, the principal tributary 
of the Mississippi ; hence they descended the Mississippi fourteen 
hundred miles, to Prairie du Chien. They then navigated the 
Wisconsin river to the Portage, and, entering the Fox river, de- 
scended it to Green Bay. At this place, Mr. Schoolcraft, and 
others of the party, separated from General Cass, for topogra})hi- 
cal exploration along the eastern shore of Lake Michigan to Mack- 
inac. General Cass, taking Chicago in his route, returned to his 
home at Detroit. Here he arrived on the tenth of September, 
having traveled over four thousand miles, and exploring a region 
of country hitherto unknown in its various characteristics, and 
having procured additional valuable knowledge of the various 
disposition and numbers of the Indians, and a more accurate and 
reliable topography of the vast country watered by the great lakes. 
He had made several treaties, and had accomplished the objects 
of the expedition. 

Hastening to report to the government, he transmitted the 

following dispatch : 

"Detroit, September 14th, 1820. 

" SiK : — I am happy to be enabled to state to you that I reached 
this place four days since, with some of the gentlemen who accom- 
panied me on my late tour, after a very fortunate journey of four 
thousand miles, and an accomplishment, without any adverse 
accident, of every object entrusted to me. The party divided at 
Green Bay, with a view to circumnavigate Lake Michigan, and, 
I trust, they may all arrive here in the course of a week. 

" As soon as possible, I shall transmit to you a detailed report 
upon the subject. 

" Since my arrival, I have learned that Mr. Ellicott, professor of 
mathematics at the military school, is dead. I can not but hope 
that the office will not be filled until the retnrn of Captain Doug- 
lass. I do not know whether such an appointment would suit 
him, but, from my knowledge of his views, feelings, and pursuits, 
I presume it would ; and an intimate acquaintance with him, 
durino- my tour, enables me to say that, in every requisite quali- 
fication, as far as I can judge, I have never found a man who is 



132 LIFE AXD TIMES 

liis superior. His zeal, talents, and acquirements are of the first 
order, and I am much deceived if he does not soon take a distin- 
guished rank among the most scientific men of our country. His 
situation as an assistant professor to Colonel Mansfield, and his 
connection with the family of Mr. Ellicott, furnish additional 
reasons why he should receive this appointment. 

" Yery respectfully, sir, 

" I have the honor to be 

" Your obedient servant, 

" Lewis Cass. 
" Hon. J. C. Calhoun, Secretarv of War." 

As soon as it could be prepared, the following report was made, 
covering, in full, the inquiries to be answered by the expedition: 

- '-Dktroit, October 21st, 1820. 

" Sir: — I had the honor to inform you, some time since, that 1 
had reached this place by land from Chicago, and that the residue 
of the party were daily expected. They arrived soon after, with- 
out accident, and this long and arduous journey has been accom- 
plished without the occurrence of any unfavorable incident. 

" I shall submit to you, as soon as it can be prepared, a memoir 
respecting the Indians who occupy the country through which we 
passed ; their numbers, disposition, wants, &c. It will be enough 
at present to say that the whole frontier is in a state of profound 
peace, and that the remote Indians more particularly exhibit the 
most friendly feelings towards the United States. As we approach 
the points of contact between them and the British, the strength 
of attachment evidently decreases, and, about those points, few 
traces of it remain. During our whole progress, but two incidents 
occurred which evinced, in the slightest degree, an unfriendly 
spirit. One of these was at St. Mary's, within fortj'-five miles of 
Drummond's Island, and the other, Mdthin thirty miles of Maiden. 
They passed ofi", however, without producing any serious result. 

" It is due to Colonel Leavenworth to say, that his measures 
upon the subject of the outrage committed by the Winnebago 
Indians in the spring, were prompt, wise and decisive. As you 
have long since learned, the murderers were soon surrendered ; 
and so impressive has been the lesson upon the minds of the 



OF LEWIS CASS. 133 

Indians, that the transaction has left ns notliinc: to rescret, hut the 
untimely fall of the soldiers. 

" In my passage through the Winnebago country, I saw their 
princi2)al chiefs, and stated to them tlie necessity of restraining 
tlieir young men from the commission of acts similar in their 
character to those respecting wliich a report was made by Colonel 
Smith. I liave reason to believe that similar complaints will not 
again be madq, and I am certain that nothing but the intemper- 
ate passions of individuals will lead to the same conduct. Should 
it occur, the acts will be disavowed by the chiefs, and the offend- 
ers surrendered with as much promptitude as the relapsed state 
of the government will permit. 

" The general route which we pursued was from this place to 
Michilimackinac by the southern shore of Lake Huron, From 
thence to Drummond's Island, and by the Eiver St. Mary's to the 
Sault. We then entered Lake Superior, coasted its southern 
shore to Point Kawena, ascended the small stream which forms 
the water communication across the base of the point, and, after 
a portage of a mile and a half, struck the lake on the opposite 
side. Fifty miles from this place, is the mouth of the Ontonagon, 
upon which have been found large specimens of copper. 

" We ascended that stream about thirty miles, to the great 
mass of that metal, whose existence has long been known. Com- 
mon report has greatly magnified the quantity, although enough 
remains, even after a rigid examination, to render it a mineral- 
ogical curiosity. Instead of being a mass of pure copper, it is 
rather copper imbedded in a hard rock, and the weight does not 
probably exceed five tons, of which the rock is the much larger 
part. It was impossible to procure any specimens, for sucii was 
its hardness that our chisels broke like glass. I intend to send 
Borae Indians in the spring to procure the necessary specimens. 
As we understand the nature of the substance, we can now fur- 
nish them with such tools as will effect the object. I shall, on 
their return, send you such pieces as you may wish to retain for 
the government, or to distribute as cabinet specimens to the 
various literary institutions of our country. Mr. Schoolcraft will 
make to you a detailed report, upon this subject in particular, 
and generally upon the various mineralogical and geological ob- 
jects to which his inquiries were directed. Should he carry into 
effect the intention which he now meditates, of publishing his 



134: LIFE xiND TIMES 

journal of the tour, enriched with tlie historj' of the fticts whicli 
have been collected, and with those scientific and practical reflec- 
tions and observations, which few men are more competent to 
make, his work will rank among the most important accessions 
which have ever been made to our national literature. 

" From the Ontonagon we proceeded to the Fon du Lac, pass- 
ing the mouths of the Montreal, Mauvais, and Brule rivers, and 
entered the mouth of the St. Louis, or Fon du Lac river, which 
forms the most considerable water communication between Lake 
Superior and the Mississippi. 

'' The southern coast of the lake is sterile, cold and unpromising. 
The timber is birch, pine, and trees of tliat description which 
characterize the nature of the country. The first part of the 
shore is moderately elevated, the next hilly, and even mountain- 
ous, and the last a low, flat, sandy beach. Two of the most sub- 
lime natural objects in the United States— the Grand Sable and 
the Pictured liocks— are to be found upon this coast. The for- 
mer is an immense hill of sand, extending for some miles along 
the lake, of great elevation and precipitous ascent. The latter is 
an unbroken wall of rocks, rising perpendicularly from the hike 
to the hight of three hundred feet, assuming every grotesque and 
fanciful appearance, and presenting to the eye of the passenger a 
spectacle as tremendous as the imagination can conceive, or as 
reason itself can well sustain. 

" The emotions excited by these objects are fresh in the recol- 
lection of us all ; and they will undoubtedly be described, so that 
the public can appreciate their character and appearance. The 
indications of copper upon the western part of the coast are nu- 
merous ; and there is reason to suppose that silver, in small 
quantities, has been found. 

"The communication by the Montreal with the Chippewa 
river, and by the Mauvais and Brule rivers with tlie St. Croix, is 
diflicult and precarious. The routes are interrupted by long, nu- 
merous, and tedious portages, across which the boats and all their 
contents are transported by the men. It is doubtful whether 
their communication can ever be much used, except for the pur- 
poses to which they are now applied. In the present state of the 
Indian trade, human labor is nothing, because the number of 
men employed in transporting the property is necessary to 



OF LEWIS CASS. 135 

conduct the trade, after the diliereut parties have reached their 
destination, and the intermediate labor does not afltect the aggregate 
amount of the expense. Under ordinary circumstances, and for 
those purposes to which water communiaation is applied in the 
common course of civilized trade, these routes would be aban- 
doned. From the mouth of the Montreal river alone to its source, 
there are not less than forty-five miles of portage. 

" The St. Louis river is a considerable stream, and for twenty- 
five miles its navigation is uninterrupted. At this distance, near 
an establishment of the South-AVest Company, commences the 
Grand Portage, about six miles in length, across spurs of the 
Porcupine ridge of mountains. One other portage, one of a mile 
and a half, and a continued succession of falls, called the Grand 
Papids, extending nine miles, and certainly unsurmountable, 
except by the skill and perseverance of Canadian boatmen, con- 
ducts us to a comparatively tranquil part of the river. From here 
to the head of the Savannah river, a small branch of the St. Louis, 
the navigation is uninterrupted, and, after a portage of four 
miles, the descent is easy into Lac du Sable, whose outlet is 
within two miles of the Mississippi. 

'• This was, until 1816, the principal establishment of the Brit- 
ish North-West Company upon these waters, and is now applied 
to the same purpose by the American Fur Company. 

" From Lac du Sable, we ascended the Mississippi to the 
Upper Red Cedar Lake, which may be considered as the head of 
the navigation of that river. The whole distance, three hundred 
and fifty miles, is almost uninhabitable. The first part of the 
route, the country is generally somewhat elevated and inter- 
spersed with pine woods. The latter part is level, wet prairie. 

" The som-ces of this river flow from a res-ion filled with lakes 
and swamps, whose geological character indicates a recent for- 
mation, and which, although the highest table-land of this part 
of the continent, is yet a dead level, presenting to the eye a suc- 
cession of dreary, uninteresting objects. Interminable marshes, 
numerous ponds, and a few low, naked, sterile plains, with a 
small stream, not exceeding sixty feet in width, meandering in a 
very crooked channel through them, are all the objects which are 
found to reward the traveler for the privations and difficulties 
which he must encounter in his ascent to this forbidding region. 



136 LIFE AND TIMES 



a 



" The view on all sides is dull and monotonous. Scarcely a 
living being animates the prospect, and every circumstance 
recalled forcibly to our recollection that we were far removed 
from civilized life. 

" From Lac du Sable to the mouth of the St, Peter's, the dis- 
tance, by computation, is six hundred miles. The first two hun- 
dred present no obstacles to navigation. The land along the 
river is of better quality than above ; the bottoms are more nu- 
merous, and the timber indicates a stronger and more productive 
soil. But near this point commence the great rapids of the Mis- 
sissippi, which extend more than two hundred miles. The river 
flows over a rocky bed, which forms a continuous succession of 
rapids, all of which are difficult and some dangerous. The 
country, too, begins here to open, and the immense plains in 
w^hich the buftalo range aj^proach the river. These plains con- 
tinue to the falls of St. Anthony. 

'' They are elevated fifty or sixty feet above the Mississippi, 
are destitute of timber, and present to the eye a flat, uniform sur- 
face, bounded, at the distance of eight or ten miles, by high 
ground. The title of this land is in dispute between the Chippe- 
was and Sioux, and their long hostilities have prevented either 
party from destroying the game in a manner as improvident as is 
customary among the Indians. It is, consequently, more abun- 
dant than in any other region through which we traveled. 

" From the post at the mouth of the St. Peter's to Prairie du 
Chien, and from that place to Green Bay, the route is too well 
known to render it necessary that I should trouble you with any 
observations respecting it. 

" The whole distance traveled Ijy the party, between the 
twenty-fourth of May and the twenty-fourth of September, ex- 
ceeded four thousand two hundred miles, and the journey was 
performed without the occurrence of a single untoward accident 
sufficiently important to deserve recollection. 

" These notices are so short and imperfect, that I am unwilling 
to obtrude them upon your patience. But the demands upon 
your attention are so imperious, that to swell them into a geo- 
gra])hical memoir would require more time for their examination 
than any interest which I am capable of giving the subject 
would justify. 



OF LEWIS CASS. 137 

" I propose hereafter to submit some other observations to you 
in a clitferent shape. 

" Yery respectfully, sir, 

" I have the honor to be, 

" Your obedient servant, 

" Lewis Cass. 
" Hon. J. C. Calhoun, Secretary of War." 

Mr. Schoolcraft, in the course of a few months, published a 
narrative journal of the travels of the expedition, and in it gave 
a minute account of the geography and topography of the 
country ; hence it became unnecessary for General Cass to pre 
pare a more extended account than contained in the foregoing re- 
port. But, as will be seen in the following maturely considered 
communication to the War Department, he was of the opinion, 
that, in a topographical jDoint of view, further examination of the 
country was desirable, and would be j^rofitable to the gov- 
ernment. 

"Detroit, September 20th, 1820. 

" Sir : — In examining the state of our topographical knowledge 
respecting that portion of the north-western frontier over which 
we have recently passed, it occurs to me that there are some 
points which require further examination, and which might be 
explored without any additional expense to the United States. 

" The general result of the observations made by Captain 
Douglass will be submitted to you as soon as it can be prepared. 
And I believe he will also complete a map of the extensive route 
we have taken, and embracing the whole of the United States 
bounded by the upper lakes and the waters of the Mississippi, 
and extending as far south as Eock Island and the southern ex- 
tremities of Lakes Michigan and Erie. The materials in his pos- 
session are sufficient for such an outline, and he is every way 
competent to complete it. But there are several imjjortant 
streams, respecting which it is desirable to procure more accurate 
information than can be obtained from the vague and contradic- 
tory relations of Indians and Indian traders. The progress of 
our geographical knowledge has not kept pace with the extension 
of our territory nor with the enterprise of our traders. But I 
trust the accurate observations of Captain Douglass will render a 



138 LIFE AND TIMES 

resort to tLe old Frencli maps for information resj^ecting our own 
country, entirely unnecessary. 

" I beg leave to propose to you, whether it would not be 
proper to direct exploring parties to proceed from several of our 
frontier ports into the interior of the country, and to make such 
observations as might lead to a correct topographical delineation 
of it. An intelligent officer, with eight or ten men, in a canoe, 
would be adequate to this object. He would require nothing 
more than a compass to ascertain his course, for it is not to be 
expected that correct astronomical observations coidd be taken. 
In ascending or descending streams, he should enter in a journal 
every course which he pursues, and the length of time observed 
by a watch. He should occasionally ascertain the velocity of his 
canoe, by measuring a short distance upon the bank, and should 
also enter in his journal his supposed rate of traveling. This, 
whenever it is possible, should be checked by the distance as es- 
timated by traders and travelers. By a comparison of these 
data, and by a little experience, he would soon be enabled to as- 
certain with sufficient precision the length of each course, and to 
furnish materials for combination, which would eventually exhibit 
a perfect view of the country. I do not know any additional expense 
which it would be necessary to encounter. An ordinary compass 
is not worth taking into consideration. A necessary supply of 
provisions, a small quantity of powder, lead and tobacco, to pre- 
sent occasionally to the Indians, and a little medicine, are all the 
articles which would require particular attention. Officers em- 
ployed upon such services should be directed to observe the natu- 
ral appearances of the country ; its soil, timber and jDroductions ; 
its general ftice and character ; the hight, direction and comj^o- 
sition of its hills ; the immber, size, rapidity, &c., of its streams ; 
its geological structure and inineralogical products ; and any 
facts which may enable the public to appreciate its importance in 
the scale of territorial acquisitions, or which may serve to enlarge 
the sphere of national science. 

" It is not to be expected that officers detached upon, other 
duties can enter into the detail of such subjects in a manner 
which their importance would render desirable. But the most 
superficial observer may add something to the general stock ; and 
to point their inquiries to specific objects may be the means of 
eliciting facts, which in other hands may lead to important results. 



OF LEWIS CASS. 139 

The most important tributary stream of the Upper Mississippi is 
the St. Peter's. The commanding officer at the mouth of that 
river might be directed to form an expedition for exploring it. 

" It is the opinion of Captain Douglass, and it is strongly for- 
tified by my personal observation, and by the opinion of others, 
that Lieutenant Talcott, of the Engineers, now at the Council 
Bluffs, would conduct a party upon this duty in a very satisfac- 
tory manner. He might ascend the St. Peter's to its source, and 
from thence cross over to the Red river, and ascend the stream 
to the forty-ninth parallel of latitude, with directions to take the 
necessary observations upon so important a point. Thence up 
that branch of the Red river interlocking with the nearest water 
of the Mississippi, and down this river to Leech lake. From this 
lake there is an easy communication to the River de Corbeau, 
which he could descend to the Mississippi, and thence to St. 
Peter's. 

".The St. Croix and Chippewa rivers, entering the Mississippi 
above and below the Falls of St. Anthony, might, in like man- 
ner, be explored by parties from the same post. The former in- 
terlocks with the Mauvais and Brule rivers, but a descent into 
Lake Superior would not probably be considered expedient, so 
that the party would necessarily ascend and descend the same 
stream. 

" The Chippewa interlocks with the Montreal and Wisconsin 
rivers, and consequently the same party could ascend the former 
and descend the latter stream, 

" A party from Green Bay might explore Rocky river from its 
source to its mouth. 

" A correct examination of Green Bay and of the Menomonie 
river might be made from the same post. 

" The St. Joseph and Grand rivers of this peninsula, could be 
examined by parties detached from Chicago. 

" It is desirable, also, to explore the Grand Traverse Bay, about 
5ixty miles south of Michilimackinac, on the east coast of Lake 
Michigan. 

" These are all the points which require particular examination. 
Observations made in the manner I have suggested, and, connected 
with those already taken by Captain Douglass, would furnish 
ample materials for a correct chart of tlie country. 

" It is with this view that it might be proper, should you approve 



140 LIFE AND TIMES 

the plan I have submitted to you, to direct that the reports of the 
officers should be transmitted to Captain Douglass, by whom they 
will be incorporated with his own observations, and will apjjear 
in a form best calculated to promote the views which you enter- 
tain upon the important subject of the internal geography of our 
country. 

" Very respectfully, sir, 

" I have the honor to be 

" Your obedient servant, 

" Lewis Cass. 
" Hon. J. C. Calhoun, Secretary of War," 

The above communication originated Major Long's second 
expedition, and the expedition of Henry R. Schoolcraft, in 1S32, 
to Itosca lake, the head waters of the Mississippi river ; and for 
a discovery of these head waters, the world is indebted to General 
Cass; nor is it presuming too much to add, that General Cass 
was mainly instrumental in finally obtaining that internal geo- 
graph}" of the western country which Mr. Calhoun favored ; and 
had he not followed up his expedition, described in this chapter, 
with unremitting efforts to obtain an accurate knowledo;e of the 
to]50graphy of the regions to which he referred in the foregoing 
communication, it is problematical whether civilization would not 
have been a quarter of a century, at least, behind its present 
advancement, in all the frontier settlements of this north-western 
country. 



OF LEWIS CASS. Ill 



CHAPTER X. 

Progress of Settlement — Land Sales — General Cass' Purchase — Scarcity of Eoads — Public Surveys- 
Population of Michigan — Extinguishment of Indian Title — His Journey to Chicago — Treaty with 
the Indians — He prohibits the Use of 'Wliislcey — The Pardoning Power — New Counties — Public 
Conveyances — Travelers — He recommends a Change of Government — Legislative Council. \ 

Most of the year 1820 was thus occupied by General Cass. He 
devoted himself attentively, upon his return from the Mississippi, 
to the executive duties constantly claiming attention at Detroit. 
Public lands had been brought into market, and sold, in most 
instances, to actual settlers. With the progress of settlement 
came the necessity of extending the protecting arm of the govern- 
ment. The laws were to be enforced, and hence courts must be 
instituted, and officers appointed to administer justice, who would 
keep the fountain pure. Besides, in a newly settled country, it is 
necessary that the relations of neighborhood should be maintained 
on a different basis from what is observed in older communities. 
The ledger is not as often posted ; the accounts between creditor 
and debtor are kept in the mind, and left to memory for the total 
footings, instead of being carefully and methodically transcribed, 
and left to paper and ink. Occasional chalkings, and imperfect 
and badly written and worse spelled figures and words often com- 
prised the trade-books of the merchant ; and as for the mechanic 
and artificer in iron, like the earliest of which we read in all anti- 
quity, they never were at pains to go beyond a hieroglyphic, if 
even they stopped to do that ; whilst the sturdy and indefatigable 
tiller of the soil squared his scores as he went along, especially on 
the credit side. If his annual surplus crops did not yield enough 
to balance the bill for groceries and merchandise and farm expen- 
ses, " the open, running account" was continued, and another year 
checked upon to close it. As in longer settled countries, so in this, 
occasionally a sharper would make his appearance on the surface, 
well fed with random bait carefully stowed away in his maw, and, to 
the surprise of the honest mechanic, laborious artificer, and simple- 
minded farmer, by some wonderful legerdemain, gradually, but 



> 



142 LIFE AND TIMES 

surely, swallow up their frugal gains. This would disturb the 
peace of society, and mar the accustomed harmony of the little 
neighborhood, if it did not tear the character of individuals. 

To obviate, or rather forestall, crime, and save the hardy pioneer 
from such pitfalls, it became imperatively necessary to start the 
wheels of government in the right direction, and to select engi- 
neers that knew how to run them, and knowing how, would have 
the integrity to do so. This delicate duty was ever uppermost in 
the mind of their Governor. 1S.q> speculator himself, and destitute 
of all disposition to be one, yet he had seen too much, and read 
too much, of the endless transactions of business, not to be aware 
of the existence of such a disposition in others. Consequently, in 
all his communications with the general land oflBce, he constantly 
urged the policy of giving preference, in all reasonable ways, to 
the settler. Lands, in small parcels, and at low prices, was his 
invariable recommendation. The extent of General Cass' specu- 
lations in real estate, is, for the most part, comprised in two pur- 
chases — one, of five hundred acres, on the bank of Detroit river, 
at the price of twelve thousand dollars, in the year eighteen hun- 
dred and sixteen. His neighbors told him that the sum paid was 
exorbitant; and if any thing was wanting before, that act was 
enough to confirm them in the belief that he must rely upon other 
sources than mere traffic, for the respectable maintenance of his 
family. It is true that the price paid for this purchase, (and it was 
paid, after the example of his puritanic ancestry, in cash upon the 
delivery of the deed.) then appeared high, and most extravagantly 
so; but General Cass, at that early day, intended to make his 
then residence permanent, and he bought the property, in fact, for 
a homestead. And if, forty years afterwards, the ingathering 
shall multiply the value of the land, thus purchased, by fifties of 
thousands, until it reaches nearly two thirds of a million of dollars, 
the philosopher, in his reasoning upon this aggregation, must not 
fail to overlook the fact, that it is the result of natural position, 
and the beneficent measures of the territorial government. 

The ordinance of '87 required the Governor, as a qualification, 
to hold, in his own right, twelve hundred acres of land. This 
qualification was complied with by General Cass. The tract of 
twelve hundred acres was situated at or near the mouth of the 
Detroit river. This tract, and the tract of five hundred acres, 
were be ight of private individuals. 



OF LEWIS CASS. 143 

The public sales of 1820-21, gave a new impetus to the rising 
destinies of Michigan. Several cessions of land had been pro- 
cured from the Indians, and these were, necessary before a full 
and complete title could be acquired bj the United States. Thej 
were honorable, too, to the American government ; for, whatever 
mav be the abstract ris-ht, under the laws of nature, of civilized 
nations to wrest from barbarians the soil which is not employed 
in agriculture, it is manifest that the government of the United 
States had a paramount right to these lands by conquest. They 
had a valid and indisputable claim by conquest from the English, 
and, subsequently, from the Indians themselves, in Wayne's war 
and the war of 1812 ; and yet they only claimed the right of pre- 
emption when the Indians saw fit to sell their lands. 

At that period, but few roads had been constructed along the 
sparse settlements through the wilderness, and these were in a 
miserable condition, and hardly passable for the traveler. The 
constantly increasing settlements were calling for the construction 
of public works to facilitate emigration into different sections, and 
promote easier communication with each other. General Cass 
made extraordinary efforts to obtain the aid of the general gov- 
ernment in advancing these works for the improvement of the 
Territory. 

These calls were liberally responded to by the general govern- 
ment. Bills passed Congress, and appropriations were made for 
opening the road between Detroit and the Miami river ; also, for 
the construction of a road from Detroit to Chicago, as well as a 
road from Detroit to Fort Gratiot, and the improvement of La 
Ploisance Bay. 

The beautiful system of surveys of the public domain was car- 
ried into Michio-an. Two straiirht lines were drawn through the 
center of the Territory — north and south, east and west. The line 
north and south was denominated the principal meridian, and 
the line east and west, the base line. The Territory was then 
surveyed into townships, six miles square ; these were subdivided 
into sections, a mile square ; and these townships were numbered 
in numerical order, increasing from the meridian and base lines. 
The mathematical accuracy of this kind of survey, and the addi- 
tional fact, that each section and township were marked by the 
survevors on the trees at the corner of each section, and the lines 
of the section, also, marked by shaving off the bark of the trees, 



14i LIFE AND TLMES 

furnislied unmistakable lancl-niarks of the true boundaries of each 
tract surveyed. 

Tlius far under the administration of General Cass, but a small 
quantity of land, compared witli the whole, had been brought 
into market ; and this was in the eastern portion of Michigan, 
and lay in the land district of Detroit. But emigration, in silent 
progress, was now gradually scattering its settlers over the forest. 
And as they advanced into the interior, they found, frequently to 
their surprise, — for the representations of surveyors in many in- 
stances had been of a different character, — a fertile, dry, and un- 
dulating soil, clothed with the most charming scenerv, intersected 
by limpid and rapid streams, and studded with small lakes well 
stocked with delicious fish. These facts were not concealed from 
their friends and acquaintances left behind in less inviting sec- 
tions of the country, or where the leading avenues to wealth and 
distinction were already occupied. The interior contained no 
important settlements, but amid the clearings the lonely log-cabin 
curled its smoke to the heavens from the borders of its lakes and 
rivers ; and among the stumps and riven trunks of its large and 
stately trees, small patches of wheat glowed in the sun — green 
and invitino; islands in a vast and magnificent ocean of 
wilderness. 

To enable these settlers to be overtaken by others, and to in- 
crease the facilities for commerce and open communications to 
market. General Cass favored the immediate construction of high- 
ways. . These roads, he insisted, commencing at Detroit — the great 
depot of the Territory, — passing through the most important parts 
of the peninsula, and terminating at the borders of the great lakes 
which almost encircle it, were essential to the security and pros- 
perity of the country. He was not unmindful, neither, of the im- 
portance of guarding the frontier with military works. In refer- 
ence to this subject, he remarked, in one of his communications 
to the department, as proof of the necessity of its attention, that 
" the fort at Detroit is in a dilapidated ^tate. 'No repairs have 
been made on it since 1812, and it is, in fact, incapable of de- 
fense. The platform could not bear the discharge of an eighteen- 
pound gun, nor is there a single piece of artillery mounted upon 
the works. The pickets and abattis are rotten, and the gates un- 
hung. It is in a far worse condition than it was at the com- 
mencement of the late war. The military works at Foit Wayne, 



OF LEWIS CASS. 145 

Fort Gratiot, Saiilt de St. Marie, at Green Baj and Mackinaw, 
are in but little better condition." He was able, however, to 
awaken but little attention or interest at this time, on the part of 
the general government, in providing a solid defense to the 
frontiers, where this would seem to have been most required. 

As settlements extended, he saw the propriety of extinguishing 
Indian titles as fast and as far as possible. So far as the peninsula 
of Michigan was concerned, most of this work had been per- 
formed. There was still a tract lying south of Grand river, and 
in 1821 his services as Indian negotiator were again called into 
requisition ; and in the summer of that year he again embarked 
at Detroit, in a birch canoe, for another journey over stream and 
portage. He ascended the Maumee, crossed the intervening 
country into the Wabash, and descending that river to the 
Ohio, went down the Ohio to the Mississippi, and from thence, 
striking the Illinois river, ascended it to Chicago. It was a long, 
circuitous and lonely voyage. For miles he saw no human beings 
save his boatmen, and for days was embowered in the prime- 
val forest. It furnished him, nevertheless, an admirable oppor- 
tunity to become acquainted with the character and locality of 
the immense country through which he so silently glided ; and 
an abundance of time for reflection. He felt he was traversing a 
region of the world which one day would be the abode, under the 
SBgis of our enlightened republican institutions, of millions of free- 
men 3'et unborn, and that the future benefit of the services which he 
was then rendering to his country would, in its advancement and 
prosperity, amply compensate all his personal hazard and efforts 
in its behalf. 

Preliminary to the commencement of the negotiations at Chi- 
cago, the American commissioners, who were General Cass and 
Judge Sibley, of Detroit, ordered that no spirits should be issued 
to the Indians, and informed them, — as they would say it, — that 
the bungs were driven into the barrels. A deputation of chiefs 
waited upon the commissioners to remonstrate against this pre- 
cautionary measure, and at its head was the hereditary chief 
Top-ni-be, really a respectable man, and high in the confidence of 
the Pottawatomie tribe, and approaching almost his hundredth 
year, but still in the possession of his mental fticulties, and physi- 
cally well preserved. Every argument was used by General Cass 

to convince them that the measure was indispensable ; he told 

10 



146 LIFE AND TIMES 

them that they were exposed to daily murders, and that while in 
a state of intoxication they were unable to attend to the business 
for which they were convened, and urged upon them not to drink 
the fire-water. All this was useless, and the discussion was only 
terminated by the peremptor}^ refusal of the commissioners to ac- 
cede to their request. " Father," said the hoary-headed chief, 
when he was urged to remain sober and make a good bargain for 
his people, — " Father, we do not care for the land, nor the mone^', 
nor the goods. What we want is whiskey. Give us whiskey." 

At Chicago, — then a mere trading post, — after several talks, in 
which it was necessary for him to take high and resolute ground, 
he made a treaty, on the twenty -ninth of August, with the Chip- 
pewas, Ottawas, and Pottawatomies of Illinois, by which nearly 
all the country within the boundaries of Michigan, south of Grand 
river, and not before ceded, was granted to the United States. 

General Cass, at this time on his return to Detroit, was 
called upon to exercise the pardoning power in two cases of 
murder, and here noticed for its novelty. 

Two Indians, — named Ke-wa-bish-kim and Ke-taw-kah, — were 
arraigned at the September term, 1820, of the Supreme Court of 
the Territory ; the former for the murder of a trader at Green 
Bay, and the latter for the murder of Dr. Madison, of the United 
States Army. Both were tried and found guilty. An applica- 
tion was made to the Governor to pardon them. In the then 
present attitude of our Indian relations, and well aM^are that 
British agents were constantly at work to curry favor and hold 
fiist the friendship of the Indians, as well as the consideration 
that higher or more certain evidence of malice aforethouo-ht, 
perluips, should be required in the case of a savage, the Governor 
took the application into consideration. Some time elapsed be- 
fore he made up his final decision adverse to the application. The 
evidence was too clear, and he deemed it to be his duty to let 
the law take its course. December twenty-seventh, 1821, was 
the day of execution ; and from the current accounts of the event, 
these men met their fate with stoical indifference. 

They prepared themselves in jail, after their own customs, to 
meet their fate. They laid aside, as an offering to the Great 
Spirit, all the tobacco, pipes, and such other articles as they could 
get. By drawing a piece of leather over the vessel which con- 
tained their drink, they made a drum, around which, — having 



OF LEWIS CASS. 147 

painted themselves black, — tliej danced their death-dance. "With 
red paint, they drew upon the walls of the prison cell figures of 
men, beasts and reptiles ; and on their blankets even painted the 
figure of an Indian suspended by the neck. The gallows was 
erected in a spot where it was visible to them ; and although in- 
formed that it was made for them, it excited no expression of 
dread or apparent fear of death. Evidently they had resolved to 
die with Indian fortitude, admitting their fate to be just and their 
punishment deserved ; and on the day of execution they ascended 
the fatal platform with firmness and composure. When the last 
moment arrived, they shook hands with their counsel and others 
who stood near, and asked pardon of the citizens present for the 
crimes they had committed. Then shaking hands with each 
other, the officers of the law drew the caps over their faces, and 
these swarthy sons of the forest, as it were, hand in hand, passed 
into the spirit land. 

In the following year, — so great was the settlement of the 
country, — it became necessary for the Governor to lay off and 
create six new counties, extending from the head of Lake Erie, 
parallel with Detroit river and Lake St. Clair, towards Saginaw 
Bay. Public travel also began to increase, insomuch that, for 
the first time in the Territory, a public stage was introduced and 
plied between Detroit and the seat of justice of Macomb county, 
in connection with the steamboat on Lake Erie. The name of 
the steamboat was Walk-in-the-Water, and named after the Wy- 
andot chief This boat had no competition from other steam ves- 
sels, being the only one which navigated the lake, and was 
deemed suflicient to transact the commercial business of the Ter- 
ritory. In the succeeding year, (1823.) General Cass, by the re- 
quest of the Department of War, met the Delaware Indians, and 
concluded an arrangement with them, by which they ceded sev- 
eral valuable tracts of land lying on the Muskingum river, in the 
State of Oliio. In the winter of this year, General Cass recom- 
mended a change in the territorial form of government. The in- 
crease of popidation and business was such, that he felt the 
responsibility was too great to be vested in the governor and 
judges, — embracing, as it did, the legislative, judicial and execu- 
tive functions of the government. lie thought, too, that the 
peo|)le should liave more voice, and should have a representation, 
revocable at stated ])eriods. In his judgment, this would materially 



148 LIFE AND TIMES 

contribute to tlie stable progress of prosperity, and in the 
end give niore satisfaction. His views were presented to Con- 
gress by the delegate, and Congress, listening to the application, 
passed an act providing for the establishment of a Legislative 
Council, to consist of nine members. These members were to be 
appointed by the President of the United States, Avith the consent 
of the Senate, out of eighteen candidates elected by the people of 
the Territory ; and, with the Governor, they were invested with 
the same powers which had been before granted by the ordinance 
of 1787 to the Governor, Legislative Council and House of Rep- 
resentatives of the North-western Territory. By this act, the 
legislative power and duties of the governor and judges were 
taken away ; the term of judicial office was limited to four years ; 
and eligibility to office required the same qualifications as the 
right of suffrage. 

This action on the part of Congress invested the Territory of 
Michigan with a more compact and energetic government, and 
met the cordial approbation of the inhabitants. The election of 
councilors, to be presented to the consideration of the President, 
awakened an interest in the affairs of government among the peo- 
ple which they had not previously experienced, and naturally did 
they consider themselves more as part and parcel thereof In 
some respects, they considered that they had changed their posi- 
tion from that of servant to that of principal, and that the acts of 
their local rulers were now to be passed in review by themselves. 
They also experienced that other sensation, which underlies the 
growth and peaceful prosperity of all civilized communities, — 
namely, that they were citizens, exercising the elective franchise 
guarantied by a republican constitution, and no longer occupying 
the position of a mere dweller or visitor in the land selected, vol- 
untarily, for the homes of themselves and families. 



OF LEWIS CASS. 149 



CHAPTER XI. 

First Session of Legislative Council — General Cass delivers his Message — His Recommendation — llis 
A'iews of Political Power — Of Schools and Education — The Copper Mines — Treaty with the Chip- 

pewas Council of Prairie du Chien — General Cass' Prudence and Tact — The Gopher — Hunter's 

Narrative — Its Exposure— The Customs and Traits of the Indians — Their Language, Religion, and 
Depopulation — General Cass' Description. 

In conformity with the Act of Congress, nine persons were 
appointed by the President, to constitute the Legislative Council 
of Michigan. It convened for the first time on the seventh day 
of June, 1824, at the Council House in Detroit. General Cass 
at that time delivered his message, in which he briefly reviewed 
the progress of the Territory, since his administration of its 
government commenced, and marked out what he considered 
the proper line of its policy, as well as its existing condition. In 
reference to the devastations during the war of 1812, he remarks: 
"The whole population was prostrated at the feet of the relentless 
savages, and with such atrocious circumstances as have no parallel 
in the annals of modern warfare; menaces, personal violence, im- 
prisonment, and depopulation, were indiscriminately used, as either 
appeared best calculated to effect the object, which avowedly was 
to sever our citizens from the allegiance thev owed to their countrv. 
Fortunately, their patriotism and energy resisted these efforts, and 
probably in no portion of the Union was more devotedness to the 
general cause manifested than here." 

The proceedings of this Council attracted universal attention 
among the citizens. The members of the Legislature were guided 
by the Governor's message, which contained accurate information 
of the condition of the Territory, and indicated a thorough know- 
ledge, on the part of the Governor, of its wants and capacities. 
He recommended the establishment of a sj^stem of township 
government, in which matters of local police might be regulated 
by the people in their primary meetings; the power of appoint- 
ment and removal of territorial officers; a limitation of tenure 
to some of the offices, in order that a more faithful ])erformance 
of the duties belonging to them might be secured ; the necessity 



150 LIFE AND TIMES 

of enacting laws for the surrendering of fugitives from justice; 
the organization of courts, which should make the dispensation 
of justice convenient and attainable in remote parts of the Terri- 
tory; and the efficient organization of the militia. He pointed 
out' the benefits which would result mutually to the constituent 
and representative by the division of the Territory into districts; 
the importance of a practical and well-digested system of schools 
and education ; tlie situation of the roads ; and explained to them 
the condition of the finances of the Territory, and recommended 
radical changes in the code of laws. All these topics were dis- 
cussed in a statesmanlike manner, and satisfied as well the 
members of the Council as the inhabitants, for whose welfare he 
acted and wrote, that he understood their interests, and had 
endeavored to subserve them. The Legislature responded to 
these recommendations by enactments — the best evidence in 
their power to give of their unlimited confidence in the Chief 
Magistrate. 

Tlie Governor believed that tlie right of government was inhe- 
rent in the people ; and that from them, in a republican govern- 
ment, emanates all the power and sovereignty. In commenting 
on this point, he remarks: "The legislative power heretofore 
exercised, has been vested in officers over whom the people had 
uo direct control. Authority, thus held, is certainly liable to 
abuse; but its practical operation was restrained and secured, 
as well by the limitations provided in the fundamental ordinance 
as by the spirit of our institutions and the superintending control 
of the general government. Still that change in our political 
system, which gives to the people the right of electing their own 
Legislature, is not only correct in principle, but will be found 
most salutary in its operation. 

"The power of appointment to office, in free governments, pre- 
sents for solution a delicate question. In this Territorial govern- 
ment, that power is vested in the Executive alone. I feel no 
disposition, on the one hand, to shrink from any necessary re- 
sponsibility ; nor, on the other, tenaciously to retain any power 
originally granted for the public good, but whicli the public 
interest now requires should be surrendered. The ordinance 
of Congress which forms the basis of our political fabric, was 
passed thirty-five years ago. It was a political experiment, and 
successive alterations have been made, and to remedy defects 



OF LEWIS CASS. 151 

which experience has shown to exist, and to accommodate its 
principles to the advancing opinions of the age. My own obser- 
vation has satisfied me, that a beneficial change may be made in 
the mode of appointment to office. All township and corpora- 
tion, and many county officers, particularly those whose duties 
relate to the fiscal and police concerns of the respective counties, 
should be elected by the people. In the appointment of others, 
it appears to me proper to give to the Council a participation. 
Ko system which has been adopted in the United States, upon 
this subject, is better calculated to effect the object than that 
which requires a nomination by an executive magistrate, and 
the concurrence of a deliberative body. By these means, we 
have the advantage of individual responsibility in the nomina- 
tion, and also a check upon its abuse, in the required concurrence 
of a co-ordinate branch of the government." 

Governor Cass also called the attention of the Legislature to 
another subject, — that of schools and education — a subject at 
that day not so much discussed or generally appreciated as since. 

"The importance of this subject," he says, "to our present 
and future prosperity, must be too well appreciated to require 
any observation from me. A practical and well-digested system, 
which should extend to all the advantages of education, would 
be of inestimable value to this young and growing community. 
A more acceptable service could not be rendered to our fellow- 
citizens ; and no more equitable tax can be levied in any country, 
than one whose application is directed to preparing its citizens 
for appreciating and preserving the blessings of self-government." 

In relation to the accountability of the representative to his 
constituents, he comments as follows: "It is always desirable 
that tlie connection between the representative and constituent 
should be as intimate as practicable; and with this view, districts 
are usually established, within which, it may fairly be presumed, 
the electors will be acquainted with the characters and preten- 
sions of those who request their suffrages. When these- districts 
are extensive, and particularly when they embrace a whole State 
or Territory, the immediate accountability of the representative 
to those among whom he lives, and who know him best, is weak- 
ened. I believe it would be expedient to divide the Territory 
into districts, and assign to each the election of two members of 
the Council." 



162 LIFE AND TIMES 

Ko person will pretend, but that these sentiments are such as 
would be expected from a believer in the doctrines of republican- 
ism. In antagonism to the once popular dogma of limiting all 
civil power and authority to the few, and the few centered in one, 
he planted his administration upon the basis of popular suffrage : 
that being the government of the people, and baptized with their 
hearts' blood, it should be amenable to them, and at all times 
subject to their revision. The Legislature promptly seconded 
their Governor; and in all their legislation, this sentiment was 
steadily kept in view. With what benelit and success, let the 
subsequent history of Michigan attest. 

In the course of this year, (1824,) General Cass directed the 
attention of the general government to the resources of that part 
of the Territory situate on Lake Superior, and, in particular, the 
copper mines. He recommended that steps be taken to obtain 
from the Indians the right to explore that country for mining 
purposes, with liberty to remove iron or other precious metals 
found there. There were obstacles in the way of procuring an 
absolute title; but all the advantages to be derived from a pur- 
chase, could be as well attained by procuring tiie assent of the 
Indians to prosecute mining operations, leaving the cession of 
title to some subsequent negotiation. The country was known 
to abound in rich mines of copper and iron. The observations 
and report of the expedition of 1820 had fully established this 
truth, and subsequent information confirmed it. The future value 
of these mines was perfectly obvious to General Cass. Writing 
on this subject, in November of this year, to Thomas II. Benton, 
of the United States Senate, he remarks : 

" The metaliferous region is upon and about the lake shore, and 
the extinction of the Indian title to such a portion of it as may be 
deemed advantageous, would not diminish their means of subsist- 
ence. But I still think, as I thought originally, that it M'onld be 
most proper to negotiate with them for the right to explore the 
country, and carry on mining operations wherever appearances 
may promise the most productive results. All the advantages we 
could expect to derive from the mineral riches of the country 
would be gained by the right to procure and take away any por- 
tion of them. No calculation can be made of the extent and 
pecuniary value of these copper mines. No doubt is entertained 
but that the metal may be procured with as much ease as in any 



OF LEWIS CASS. 153 

part of the world. In fact, it is well known that large masses of 
pure malleable copper have been discovered in different parts of 
the country, and there is every reason to believe that, when those 
regions are fully explored, these masses will be found to be still 
more abundant. The cost of making the purchase I have des- 
cribed, may be kept within the sum of ten thousand dollars, and 
full justice be done to the Indians interested. It might, I doubt 
not, be made for a much less sum, were it consonant to the prin- 
ciples or policy of the government to procure cessions from the 
Indians at the lowest possible rate. But it is due to the character 
of our country, and to the feelings of our citizens, that, in our 
negotiations with these wretched peoj)le, we should remember our 
own strength and wealth, and their weakness and poverty; that 
we should look back upon what they have lost and we have gained, 
and never forget the great moral debt we owe them.'' 

At the session of Conm-ess which assembled on the first Mondav 
of Decendoer, 1824, a bill passed the Senate conferring authority 
on the President of the United States to appoint a commissioner 
to treat with the Indians for permission to search for copj)er on 
the south shore of Lake Superior, The bill, however, was lost in 
the House of Representatives ; but the necessity for carrying out* 
the suofo'estion of General Cass became so obvious to the next 
Congress, that it passed the bill, and a treaty was made with the 
Chippewas, granting to the United States the right to search for 
and carry away the metals or minerals found in any part of their 
CO'' '<"ry. This was the commencement of mining in tiie Superior 
regi. ., and the enterprising miner, and the companies he repre- 
sents, may, in justice, attribute their right to tear up the rocks 
and mountains, and excavate the subterranean caverns of earth, 
to the vigilant watchfulness and far-seeing statesmanship of Gen- 
eral Cass at this early day. 

In the year 1825, the general government believed it was their 
duty to make an effort to terminate, if possible, the feuds and 
enmities existing among the north-west tribes of Indians. Wars, 
for many successive years, had been waged between the Chippe- 
was and Sioux; the Sacs and Foxes and the Sioux; and the 
lowas and the Sioux. The last named tribe roamed an extensive 
country, and was turbulent and revengeful, and powerful. It was 
thought, if this state of hostilities was suffered longer to continue 
within the jurisdiction of the United States, the evil would become 



154 LIFE AND TIMES 

incalculable. Besides, there was extreme danger of these wars 
extending over a large surface of country. The government 
became fearful that other tribes, far up the Missouri and Missis- 
sippi rivers, would become involved in hostilities, and a general 
warfare be the consequence. This would be a deplorable evil, 
retarding the advancement of the country, and creating new and, 
perhaps, insurmountable obstacles to a removal, of the tribes fur- 
ther east, beyond the Mississippi. To promote peace among 
themselves, and to establish limits to their hunting grounds, so 
that one tribe should not invade the domain of the other, and thus 
remove the principal source of all their difficulties. General Cass 
was associated with Governor Clarke, of the State of Missouri, 
Superintendent of Indian Affairs, and well acquainted with them, 
and who had been the associate of Lewis across the Rocky Moun- 
tains, in a commission to negotiate a treaty of general pacifica- 
tion and boundaries. The commissioners, in Angust, at Prairie 
du Chien, met, in pursuance of invitation to these Indians, large 
deputations of the Sioux, Chippewas, Sacs, Foxes, Winnebagoes, 
lowas, and Menominees, and many of them having come from 
points a thousand miles from the treaty ground. This great 
council, being, from numbers, necessarily of many dispositions 
and minds, was quite unwieldy, and it was many days before the 
commissioners were able to penetrate their views. Their numer- 
ous claims came in conflict, and were perseveringly and doggedly 
urged. It was a herculean task to reconcile these formidable 
differences, and induce concession and relinquishment. The 
nature of the transaction was different from an ordinary treaty, 
where lands were to be given up on the one side, and a consider- 
ation paid therefor on the other. " There were no tangible indnce- 
ments — no glittering gold and showy presents. The consideration 
of their concession was entirely a moral one. It was asking the 
turbulent and war-seeking Chippewa, the brave and daring Sioux, 
to lay down the tomahawk, and extend the hand of peace and 
friendship to one another, while each held the unavenged trophies 
of valor, obtained in deadly combat." All the caution and jiru- 
dence of the commissioners were recpiired to meet successfully the 
great acuteness of the Indians in defining their rights, and their 
pertinacity in maintaining them ; and had not the commissioners 
been thoroughly conversant with their character, and undismayed 
with their frequent startling ebullitions of passion, the conference 



OF LEWIS CASS. 155 

would have been a failure. But. to the perpetual good of the 
Indians, the commissioners concluded a treaty with them, on the 
nineteenth of August, To give due solemnity to this treaty, none 
of the ceremonies, usual on such occasions, were omitted by the 
commissioners. To these ceremonies the Indians attach great 
importance, and such a token of respect to their usages and cus- 
toms, operated favorably in holding them more faithfully to the 
fulfillment of their agreements. Accordingly, at the conclusion of 
the treaty, the commissioners entertained all of the Indians with 
a feast. There was a peculiarity attending it, however, which 
etruck the guests with astonishment. General Cass made use of 
the occasion to explain to them the evils wdiich they suffered from 
an indulgence in ardent spirits, and pointed out to them the ter- 
rible consecpiences, if they continued the practice. To convince 
them, at the same time, that the government was not actuated by 
a parsimonious spirit, or a desire to save the cost of the liquor, 
i\liich it had been customary to distribute at the siicnino;of treaties, 
and then omitted, the commissioners took care to have an ample 
supply of whiskey, to be brought in among them. As they were 
proceeding to help themselves, General Cass ordered the vessels 
containing the liquor to be overturned, and the entire contents to 
be wasted on the ground. The Indians, by their repeated excla- 
mations of Te-yaw, showed nmch disappointment, and were aston- 
ished by this short, practical, and novel temperance lecture. The 
objects of this treaty were, in part, attained. It resulted in a 
common acceptance of certain geographical or other known boun- 
daries, and its beneficial results accrue with each coming year. 
The lines of separation, defined with so much solemnity, and by 
such general consent, are appealed to as decisive. War may still 
prevail, as it has existed for ages, but border contests, the most 
inveterate and sanguinary, may be appeased. 

In his forest travels, General Cass had the opportunity, and, 
sometimes, the leisure, to examine the aninial and vegetable 
kingdom, in the unequivocal exhibition of nature. In one of his 
excursions into the recesses of the wilderness, he found himself in 
the country of the gophers — small animals which dwell princi- 
pally in the earth, and known to naturalists under the name of 
Pscudostoma Bursanvm. Their natural habits lead them to bur- 
row in the ground, and they are furnished with two pouches, 
formed by a prolongation and indentation of the skin of the cheek, 



156 LIFE AND TIMES 

by which tlie pouch, while it opens outwards, is contained witliin 
the jaws. The object of this strange apparatus is said to be to 
enable the little animal to excavate his dwelling, in the sandy 
ground where he loves to resort, by filling his pouches with sand, 
and then carrying the burden to the entrance of his hole, and 
there depositing it, by pressing his fore paws upon his cheeks. 

At this time, the animal was not much known, and he suc- 
ceeded in procuring one, and gave directions that the skin should 
be carefully prepared for preservation. It was in the month of July, 
and it became necessary to turn the skin of the pouches inside 
out, in order that it might be effectually dried, lu this position, 
they presented the appearance of two strange-looking projections, 
pushed out from the cheeks, and whose object it would be difficult 
to divine. He saved these exuvice of the gopher, and afterwards 
sent them to a naturalist, in New York — a man of much worth ; 
at one time of high political standing, and who was then a point 
of concentration for many facts in natural history, which, without 
his zeal, would, for the time, have been lost to science. General 
Cass did not replace the inverted pouches in their proper position, 
never dreaming of the unlucky renown they were about to acquire, 
and never supposing, for a moment, that any mistake could exist 
respecting their natural arrangement. But so it was : the stuffed 
specimen was sent, by the Xew York philosopher, to Europe, with 
the projecting appendages, and the animal formed the subject of 
a memoir, of Cuvier, to the Academy of Natural Sciences, This 
zoological stranger was described as belonging to a new species 
of quadrupeds ; speculations were indulged upon his proper posi- 
tion and habits of life: thus warning us that the highest acquire- 
ments may be at fault, and that we must not always surrender our 
confidence to the greatest names. 

In the year 1823, John Dunn Hunter's narrative of the "Man- 
ners and Customs of several Indian tribes, located west of the 
Mississippi," appeared, from a publishing house in Philadelphia, 
and, at the time, attracted much attention. General Cass, in the 
course of his tours through the west, had satisfied himself that this 
work was an imposture. In determining to expose it to the world, 
his mind was led to dwell on the subject of Indian character, lan- 
guage, and condition, and he wrote the article which appeai-ed in 
the fiftieth number of the North American Review, in January, 
1826. The subject was full of interest, and written in a style 



OF LEWIS CASS. 157 

lancomraonly earnest, chaste, and eloquent; and the public were 
gratified to learn that a theme so interesting had engaged the 
attention of so cultivated and liberal a mind. 

General Cass was too much attached to truth and opposed to 
Imposture, to stand by and see the character and wajs of the poor 
Indian mercilessly hawked at by an unseen foe. " More than 
three centuries have passed away," says he, " since the American 
continent became known to the Europeans. At the period of its 
discovery, it was iidiabited by a race of men, in their physical 
conformation, their moral habits, their social and political rela- 
tions, their languages, and modes of life, differing essentially from 
the inhabitants of the Old World. From Hudson Bay to Mex- 
ico, and from the Atlantic to the Rocky Mountains, the country 
was possessed by numerous petty tribes, resembling one another 
in their general features, but separated into independent commu- 
nities, always in a state of alarm and suspicion, and generally on 
terms of open hostility. These people were in the rudest condi- 
tion of society, wandering from place to place, without sciences 
and without arts, (for we can not dignify with the name of arts the 
making of bows and arrows and the dressing of skins,) without 
metallic instruments, without domestic animals ; raising a little 
corn by the labor of their women with a clam-shell or the scapula 
of the buffalo, devouring it with true savage improvidence, and 
subsisting during the remainder of the year upon the precarious 
supplies furnished by the chase and by fishing. They were thinly 
scattered over an immense extent of country, fixing their summer 
residence upon some little spot of fertile land, and roaming, with 
their families and their mat or skin houses, during the winter, 
through the forests, in pursuit of the animals necessary for food 
and clothing. Such a state of society could not but arrest the 
attention of the adventurer, to whom evei-ything was new and 
strange. A spirit of inquiry had been recently awakened in 
Europe, and the discovery of the mariner's compass and the art 
of printing had wonderfully enlarged the sphere of human obser- 
vation and given new vigor to the human faculties. And we 
find, accordingly, that the man of America soon became the sub- 
ject of examination and speculation, and many a j^onderous tome 
has been written on the topic, from the letter of Yeneyzani to 
Francis the First, in 1524, down to the latest work, manufactured 
in London by some professional book-maker, whose accurate 



158 LIFE AND TIMES 

knowledo-e of the Indian character and condition has been ac- 
quired by profound observation within Temple-bar, or Mdio strings 
together tlie falsehoods of such men as the personage who calls 
himself John Dunn Hunter ; and whose finale is always a jere- 
miad upon the savage treatment of the aborigines of this conti- 
nent by their barbarous Anglo-American neighbors. 

" Of the external habits of the Indians, if we may so speak, we 
have the most ample details. Their wars, ' their amusements, 
their hunting, and the more prominent facts connected with their 
occupations and condition, have been described with great pro- 
lixity, and doubtless with much fidelity, by a host of persons, 
whose opportunities for observation, and whose qualifications for 
description, have been as different as the places and the eras in 
which they have written. Eyes have not been wanting to see, 
nor tongues to relate, nor pens to record, the incidents which 
from time to time have occurred among our aboriginal neighbors. 
The eating of fire, the swallowing of daggers, the escape from 
swathed buffalo robes, and the juggling incantations and cere- 
monies by which the dead are raised, the sick healed, and the 
living killed, have been witnessed by many, who related what 
they saw, but who were grossly deceived by their own credulity 
and l)y the skill of the Indian Wanheno. We have ourselves, in 
the depth and solitude of our primeval forests, and among some 
of the wildest and most remote of our Indian tribes, gazed with 
ardent curiosity, and perhaps with some slight emotion of awe, 
upon the Jongleur^ who with impudent dexterity performed feats 
which probabl}^ it is wiser to witness than to relate. And when 
the surrounding naked and painted multitude, exulting in the im- 
posing performance, and in the victory obtained over the incredu- 
lity of the white strangers, fixed their eyes upon us, "and raised 
their piercing yell, breaking the sounds by the repeated applica- 
tion of the hand to the mouth, and dancing around us with the 
activity of mountebanks and the ferocity of demons, 

' We dare not say, that then our blood 
Kept on its ^yont and tempered flood;' 

nor that, under less favorable circumstances, the same might not 
have been terrific, and impressed us w^ith recollections equally 
difficult to reject and to account for. And there can be no 
doubt, that simihir scenes in other times, with proper 'appliances 



OF LEWIS CASS. 159 

and means to boot,' have been the origin of most of those stories 
of Indian miracles and prophecies which occupy so kirge a por- 
tion of the narratives of our earlier historians and travelers. 

" But of the moral character and feelings of the Indians, of 
their mental discipline, of their peculiar opinions, mythological 
and religious, and of all that is most valuable to man in the his- 
tory of man, we are about as ignorant as when Jacques Cartier 
first ascended the St. Lawrence. The constitution of their society, 
and the ties by which they are kept together, furnish a paradox 
which has never received the explanation it requires. We say 
they have no government. And they have none whose operation 
is felt either in rewards or punishments. And yet their lives and 
property are protected, and their political relations among them- 
selves and with other tribes are duly preserved. Have they, then, 
no passions to excite them to deeds of violence, or have they dis- 
covered, and reduced to practice, some unknown principle of ac- 
tion in human nature equally efficacious with the two great mo- 
tives of hope and fear, upon which all other governments have 
heretofore rested ? Why does an Indian, who has been guilty of 
murder, tranquilly fold his blanket about his head, and, seating 
himself upon the ground, await the retributive stroke from the 
relation of the deceased ? A white man, under similar circum- 
stances, would flee or resist, and we can conceive of no motive 
which would induce him to submit to such a sacrifice. Those 
Indians who have murdered any of our citizens, have generally 
surrendered themselves for trial. The Winnebas^oes convicted at 
Belleville, the Osages at the post of Arkansas, and the seven per- 
sons now confined at Mackinac for the murder of four American 
citizens upon Lake Pepin, in August, 1824, freely delivered 
themselves to our authority, as necessaiy ofterings for their own 
guilt, and to exonerate their tribes from suspicion or injury. And. 
it is but a just tribute to the impartial execution of our laws to 
state, that the persons who were guilty of the atrocious murder of 
a number of Indians, a few months since in Indiana, were con- 
victed and executed in June last. 

" This result is, however, sometimes avoided by an agreement 
on the part of the friends of the murdered person to receive a 
present instead of the life of the offender. It is the price of blood, 
and contributions are freely made to it by all the relations of the 
criminal. But its acceptance or rejection is purely voluntary, and 



160 LIFE AND TIMES 

as there is no obligation to receive, so no offense is given by re- 
fusing this peace-offering. The victim dies, if the love of revenge 
is stronger than the love of property. In 1824, an Ottawa Indian 
M'as killed by a Miami. A formal negotiation was carried on be- 
tween the two tribes, which finally resulted in the payment of 
five thousand dollars by the latter to the former. It is worthy of 
remark, that the right to kill a murderer, without any preparatory 
demand, is confined to persons of the same tribe. When the 
criminal and the victim belong to different tribes, a demand must 
be made previously to the adoption of any other measure, which, 
if not satisfied, is followed by war. 

" Within the last year, we ourselves, far in the interior of the 
country, while surveying the initiatory ceremonies of the Indian 
Meetay^ one of their mystical societies, saw a Chippewa, whose 
grave and serious demeanor attracted our observation. Ilis ap- 
pearance led to the inquiry, whether any peculiarity in his situa- 
tion impressed upon his deportment the air of seriousness which 
was too evident to be mistaken. It was ascertained that he had 
killed a Pottawatomie Indian during the preceding season, and 
that the Pottawatomies had made the usual demand for his sur- 
render. On a representation, however, that he was deeply in 
debt, and that his immediate death would cause much injustice 
to some of the traders, the injured tribe at length agreed to post- 
pone his execution till another season, that the produce of his 
winter's hunt might be applied to the discharge of his debts. He 
had been successful in his exertions, and had paid the claims 
against him. lie was about to leave his friends, and to receive, 
with the fortitude of a warrior, the doom which awaited him. He 
was now, for the last time, enjoying the society of all who were 
dear to him. No man doubted his resolution, and no man doubted 
his fate. Instructions, however, w'ere given to the proper agent, 
to redeem his life at the expense of the United States. 

" But the difficulty of surveying the Indians in their own 
country is in direct proportion to its importance. They are jeal- 
ous and suspicious, unwilling to associate with strangers, and slow 
to give them their confidence. Persons unacquainted with them, 
and ignorant of their language, can not reside with them, and follow 
them from camp to camp, through the vicissitudes of the seasons, 
and exposed to privations, which Indians only can provide against 
or successfully encounter. A fortitude and zeal which could 



OF LEWIS CASS. 161 

meet and overcome these obstacles, are rarely found, and still 
more rarely applied to such pursuits. 

" The Totem is the armorial badge or bearing of each tribe into 
which the various nations are divided. It is the representation of 
the animal from which the tribe is named. This is not the place 
to discuss the principles and objects of this institution. It is one 
of the most important in aboriginal polity, and its full develop- 
ment would lead to new views and opinions. Its operation is felt 
in religious ceremonies, in the laws regulating marriages, and in 
the succession and election of civil, or, as they are called. Village 
Chiefs. If one of the tribes has a right to furnish the chief, the 
others have a right to elect him. The tribes are named from the 
eagle, the hawk, the beaver, the buffalo, and from all the ' beasts 
of the field, the fowls of the air,' and the fishes of the rivers and 
the lakes. The succession in the tribes is in the female line, and 
the figui-e of the sacred animal is the Totem^ which every indi- 
vidual of the tribe aflixes, whenever his mark is necessary, or 
whenever he wishes to leave a memorial of himself. This beloved 
symbol adheres to him in death, and is painted upon the post 
which marks his grave." 

Speaking of the multiplicity of languages and dialects among 
the Indians, he remarks : " It is easy to conceive, that roving 
bands of savages, in the hunter state, may separate for very trivial 
causes, and that dialects may soon be formed, which will gradu- 
ally recede from one another, until all etymological traces of their 
common origin can with difliculty be discerned. Languages 
wliich are not fixed by letters must be liable to perpetual fluctua- 
tions ; and as the intercourse between different tribes is dimin- 
ished by mutual hostilities, or by distance, their dialects will rap- 
idly recede from one another. In this manner many dialects, and 
possibly all, have been formed. The Foxes have a traditionary 
legend upon this subject, which we are tempted to give, because 
it happily explains their opinion of the mode in which these sepa- 
rations of natural and political connection, and, consequently, of 
languages, have been brought about. 

" Many years since, say they, two bands of our people were 

living near each other. The chief of one of these bands wanted 

some Indian tobacco, and sent one of his young men to the chief 

of the otlier band to procure some. The latter, being a little 

offended with his relation, told the voung man that he would send 
11 



162 LIFE AND TIMES 

no tobacco, and that lie had long tusks, intimating that he waf^ 
disposed to quarrel. The joung man replied that the tobacco 
was wanted for a feast. The chief then took up a pair of 
Ajntkwine^ (large bone needles, made of the ribs of the elk, and 
used in the manufacture of rush mats,) and throwing his pipe 
upon the ground, put these, like tusks, upon each side of his 
mouth, and said, ' My teeth are long and strong, and will bite.' 
The young man returned and communicated the result to his 
chief, who assembled his warriors, and said, ' My warriors, let us 
prepare to pull out these long tusks, lest they should grow sharp 
and bite us.' He then directed them to accompany him to an 
attack upon the other party, and they proceeded to form an am- 
buscade near their camp. As the day dawned, the chief said, 
'It is now light enough, we can see to pull out his teeth.' The 
attack commenced, and many were destroyed. This is the way, 
says the tradition, in whicii the great Indian family became 
divided. Till then they were one people. 

" The Wyandots, and the various tribes of the Six Nations, 
speak dialects having a general affinity ; but they require inter- 
preters in their intercourse with one another. The Chippewa, or 
Algonquin language, is spoken by the Chippewas, Ottawas, Pot- 
tawatomies. Sacs and Foxes, Shawnees, Kickapoos, Menomonees, 
Miamis, and Delawares ; and these dialects approximate one 
another in the order of arrangement, the Chippewa being the 
standard dialect and the Delaware the most remote. For the 
three first, no interpreter is required ; for the three next, one is 
convenient but not necessary ; and the three last are too imper- 
fectly understood by any of the others to enable them to converse 
without assistance. There is no doubt that, at the era of discov- 
ery, a knowledge of the Chippewa or Algonquin tongue, — for 
they are the same, — would have enabled a traveler to communi- 
cate with all the Indians, except the Wyandots and tlieir kindred 
tribes, from the Penobscot to the Chesapeake, and from the ocean 
to Lake Superior. 

" The Trans-Mississippi languages are divided into two great 
families. At the head of one we may place the Sioux, and of the 
other, the Pawnee. The Sioux lano-uaije is to the nations west of 
the Mississippi what the Chippewa is to those east of it. That 
river is the boundary between these great families ; for the 
Winnebagoes, who live upon the Fox, Ouiscousin, ami Rock 



OF LEWIS CASS. 163 

rivers, are evidently Intruders there. Their hereditary country 
was in the south-west. Perhaps some branches of the Illinois 
family lived at a remote period upon the Des Moines. But the 
exceptions to the general statement are too few to require a spe- 
cific enumeration. Interpreters are convenient, and in some of 
these dialects are necessary, for any communication ; but we be- 
lieve unerring traces of the Sioux language will be found in all 
the dialects, except those of the Pawnee family, extending from 
the Mississippi to the Indians who roam through the country at 
the heads of the Missouri and Arkansas, and occupy the passes 
of the Rocky Mountains. 

" In the division of labor among the Indians, the composition 
and deliveiy^ of speeches are not often entrusted to the same per- 
son. In all important questions, the chiefs previously assemble 
and prepare the speech which is to be delivered. And here the 
influence of talent and authority is exerted and felt. But the 
public delivery of the speech is a mere act of memory on the part 
of the orator. The addresses for which Tecumthe has had credit, 
were prepared principall}' by "Walk-in-the-water, the Grey-eyed- 
man, and Isidore. — three Wyandot chiefs ; and the celebrated re- 
monstrance to Proctor, against his evacuation of the country upon 
the Detroit river, and in which he was told that he appeared like 
a dog running olf with his tail between his legs, was thus pre- 
pared in the house of Mrs. AYalker, a respectable half-Wyandot 
woman, upon whose authority we state the fact. Tecumthe w^as 
not an able. composer of speeches. We understand that he was 
particularly deficient in those powers of the imagination to which 
we have been indebted for the boldest flights of Indian eloquence. 
He was sometimes confused, and generally tedious and circum- 
locutory. 

"The Prophet, the brother of Tecumthe, was an able coadjutor. 
His character has not been well understood. He is shrewd and 
sagacious, and well qualified to acquire an influence over those 
about him. We are inclined to think, that at the commencement 
of his career he was a fanatic, who had seen visions and dreamed 
dreams, and who believed the doctrines he professed and incul- 
cated. This practical conquest of tlic imagination over the 
reason is not very rare, even in civilized life; and there is a 
singular feature in the system of Indian education, by which 
its occurrence is encouraged and promoted. It is admirably 



164 LIFE AND TIMES 

contrived to rezider tlie Indians reckless of consequences, and 
its influence is not less powerful than the sternest principle of 
fatalism. Tlie tutelary genii guard the lives of their favorites, 
and the eagle receives upon his beak the balls of their enemies. 
The process commences before the age of puberty, and continues 
for a shorter or longer term, as the revelations are more or less 
propitious. The appearance of some animals foreshows a ha})py 
destiny; while others, and particularly snakes, portends misfor- 
tune. When the dreams are fortunate, the discipline is termi- 
nated : but when otherwise, it is interrupted, and after some 
time renewed, with the ho]3e of a inore favorable result. If, 
however, in this hope they continue to be disappointed, their 
situation is remediless, and they must submit with fortitude to 
the calamities which await them. Subsequent events in life are 
materially affected by this process, and vivid impressions are 
formed, which are never eradicated. This result is produced 
by a system of watching and fasting, vigorous, painful, and long 
continued. During this period, which is called the time of fast- 
ing, (in the Chippewa, MakaUa^ many rites are practiced to 
render the lessons impressive, and to excite the feelings to a 
proper degree of suscei^tibility. Tlie guardian Manitou finally 
appears in a dream, assuming the shape of some animal, and is 
ever after during life the object of adoration. The real or imagi- 
nary qualities of this animal, indicate the character and the 
proper business in life of the dreamer. If it is an eagle, he 
must be a warrior; if a wolf, a hunter; and if a turkey buzzard, 
a prophet or physician. 

"But to return once more to the book in question. Mr. John 
Dunn Hunter is one of the boldest impostors that has appeared 
in the literary world since the days of Psalraanazar. His book, 
however, is without the ingenuity and learning, which, like re- 
deeming qualities, rendered the History of Formosa an object 
of rational curiosity. It is a worthless fabrication, and, in this 
respect, beneath the dignity of criticism; compiled, no doubt, 
partly from preceding accounts, and partly from the inventions 
of Hunter. He says he left the Osages in 1816, when he was 
ninetet^n or twenty years of age ; and, as he recollects the inci- 
dents of his capture, he was then probably four or five. He 
was, therefore, taken about 1800 or 1801; and as the outrage 
was committed by a party of Kickapoos, the residence of his 



OF LEWIS CASS. 165 

father must have been in Indiana or Illinois. His description 
of the scene shows that it was an act of the most determined 
hostility. And all this was in a period of profound peace. Such 
an aggression in 1800, or in 1801, would have electrified the 
whole country west of the mountains. We have our own distinct 
recollections, to justify us in saying that no such incident occurred. 
The Kickapoos were quiet from the signature of Wayne's treaty 
till the commencement of the difficulties with Tecumthe and the 
Prophet. 

" Hunter proceeds to state, that the party of Kickapoos, who 
took him, were themselves attacked and destroyed by the Paw- 
nees, into whose possession he then fell. In 1800, and for some 
time after, not a Kickapoo lived west of the Mississippi. They 
occupied the plains about the Illinois, and between that river and 
the Wabash. They are separated from the Pawnees by extensive 
districts, and by the Osages, Kansas, and Missouris. The Paw- 
nees and Kickapoos have never been brought into contact with 
each other, nor have they ever been engaged in mutual hostilities. 
After residing some time with the Pawnees, by a similar freak of 
fortune, he was thrown into the possession of the Kansas. We 
have then an affecting description of the 'venerable chief To-liut- 
che-nau.' Where this respectahle man lived, except in these 
pages, we have not been able to ascertain. There never has 
been a chief of that name known among the Kansas, nor is 
the word itself, nor anything like it, to be found in the Kansas 
language. A transfer to the Osages terminated this pilgrimage 
from tribe to tribe. And with them he continued until his firuil 
restoration to civilized life. It was during this period that 
Tecumthe is said to have made his visit to the Osages, and 
delivered his celebrated speech. 

"The Osage tribe occupy the immense plains extending from 
the Missouri and the Arkansas to the Rocky Mountains. They 
are the Ishmaelites of the trans-Mississippi country. Their hand 
is against every man, and every man's hand is against them. 
The nations of the Algonquin family, — the Shawnese, Dela- 
wares, Miamis, Kickapoos, — and also the southern Indians, 
have been at war with them for ages. So late as ISIS, we 
witnessed the arrival of a war party of Shawnese, among their 
own people, from a hostile expedition against the Osages. The 
Gcalps which they bore evinced their success, and the shouts of 



166 LIFE AND TIMES 

the multitude left no doubt of the deep interest they felt in the 
destruction of their enemies. No Shawnese had, in 1812, ever 
visited the Osages as a friend, nor was Tecumthe ever within 
many hundred miles of a party of that nation. 

"But the most wonderful event in the life of Hunter, is his 
journey to the Pacific. And wonderful indeed is it, that a party 
of thirty-six Kansas and Osages should have reached the brink of 
that distant ocean. No Osages or Kansas ever traversed the 
Rocky Mountains. Their inveterate enemies — the Alyetons — • 
guard those passes; and even beyond, they must encounter many 
hostile tribes, befoi-e they can reach the ocean. And this despe- 
rate expedition was undertaken witii no other object, that we can 
discover, than to indulge in sentimental reflections and descrip- 
tions, which are said by the Quarterly to have 'great simplicity 
and beauty.' 

"Hunter's impudence is exceeded only by his ignorance. He 
says: 'The unbounded view of the waves, the incessant and 
tremendous dashing of the waves along the shore, accompanied 
with a noise resembling the roar of luud and distant thunder, 
filled our minds with the most sublime and awful sensations, and 
fixed on them, as immutable truths, the traditions we had received 
from our old men, that the great waters divide the residence of the 
Great Spirit from the temporary abodes of his red children. We 
here contemplated, in silent dread, the immense difficulties over 
which we should be obliged to triumph after death, before we 
could arrive at those delifirhtful huntin2:-2:rounds which are un- 
alterably destined for such only as do good, and love the Great 
Spirit. We looked in vain for the stranded and shattered canoes 
of those who had done wickedly. We could see none, and were 
led to hope that they were few in number.' All this is clumsy 
fabrication. The Osages occupy a country of boundless plains. 
They know nothing of the ocean, nor do they believe that tlie 
land of departed spirits is beyond it. The heaven of the Indians 
is as sensual as the Mahometan paradise; and every tribe places 
it in situations, and fills it with objects, most familiar and agree- 
able 

'And thinks, admitted to tliat equal s\iy, 
His faitiiful dog sliall bear him company.' 

The Osages know nothing of canoes, and we have the best of 
authority for saying, that there is not one in the nation. And 



OF LEWIS CASS. 167 

yet their departed friends are sent over an ocean of which thej 
never heard, in vessels such as they never saw ! 

"Their opinion of tlie condition of the soul after death, is 
derived from their habits and modes of life. Their land of 
spirits is an extensive prairie, peopled with their friends, filled 
with game, and abounding in all that an Indian can desire. 
When they are buried, their clothes and other necessary articles 
are buried with them, that they may not suffer in the country for 
which they have departed. Every warrior has a horse which is 
never used but in war. This horse, with his saddle and accoutre- 
ments upon him, is brought to his master's grave after death, and 
is placed directly over it. He is then shot in the forehead, and 
there left, ready to be mounted by his master, on their arrival in 
the land of departed spirits. 

"We intended to expose Hunter's statements respecting the 
courtship of the Indians, his trash about their materia medica, 
and many other topics which he has introduced into his book, 
but we have exhausted our own patience. It is evident, that the 
compiler of Hunter's work had examined the preceding accounts 
of the Indians which have been published ; but he was not 
able to discriminate between the different customs of different 
tribes, and has, therefore, described the Osages and the neighbor- 
ing nations as possessing customs of which they have no knowl- 
edge. Among others, he speaks of throwing the tomahawk, — 
a well-known amusement among the northern Indians, but never 
practiced in the south-west. The pipe tomahawk, which alone 
they use, is wholly unfit for this purpose. He describes the rifle 
as the common weapon of men and boys; but that instrument is 
very seldom used by the Indians of the plains, and, in fact, lias 
not been known among them till within a few years — probably, 
not one in ten is armed with it. The bow and arrow^ are their 
most efficient weapons against the buflPalo, and the north-west 
fusils, as they are called, are the most common fire-arms. He 
also describes the boys as \vorking with the women — a most dis- 
graceful employment, uttei'ly unknown among the Indians. And 
he speaks of wild rice, as an article of food, which, in fact, is found 
in no part of the country where he pretends to have lived. These 
more minute circumstances he could not mistake, if he described 
facts only as they existed ; and if not, it is in such descriptiuns that 
his falsehoods become the most apparent. But one of his grossest 



168 LIFE AND TIMES 

errors relates to the Ottawas. He speaks, in many places of his 
work, of the Ottawas as a tribe of south-western Indians. He 
had heard, or his compiler had read, of such a tribe; and they 
placed it in a most unfortunate situation. There is not an Ottawa 
west of the Mississippi, nor south of the heads of the Illinois 
river." 

General Cass thought it his duty to expose Hunter's book, be- 
cause it had gained considerable popularity, and because he thought 
it was highly important that, if the public could not advance, they 
should not, at least, go backward, in their knowledge of the history 
and character of the Indians. The world, he thought, had been 
amused with fable and fiction long enough on this subject, and it 
was time to look for facts, or bo contented with the limited stock 
that existed. To maize assurance doubly sure^ respecting the im- 
posture of this fictitious Hunter, he applied to several gentlemen 
for any information or light they might give him in relation to it. 
He received the following testimony — copies of the original letters 
in his possession — from gentlemen of the highest respectability, and 
whose dechirations are entitled to confidence. The first is from 
General Clark — the companion of Lewis in their adventurous jour- 
ney to the Pacific Ocean — formerly Governor of Missouri, and, 
for a long time, Superintendent of Indian Afliiiirs at St. Louis : 

"St. Louis, Septemljer 3d, 1825. 
"Sir: — In answer to your inquiries respecting the man Avho 
calls himself Hunter, I have no hesitation in stating that he is an 
impostor. Many of the most important circumstances mentioned 
by him are, to my certain knowledge, barefaced falsehoods. I 
have been accpiainted in this country since 1803, and have resided 
in it since 1807, and, for eighteen years, have been connected with 
the Indian Department. It is not possible he could have lived 
with the tribes he mentions, and gone through the scenes he 
describes, without some knowledge of him, and of his history, 

having reached me. 

"William Clakk." 

The next letter is from Mr. Vasquez, a sub agent for the Kansas 
tribe at the time of writing it, and well acquainted with the In- 
dians in that country. He accompanied Pike, in his journey to 
the Internal Provinces : 



OF LEWIS CASS. 1C9 

"St. Louis, September 3d, 1825. 

" Sir : — I have received your note of yesterday. In answer to 
the inquiries contained therein, I can say that I have been en- 
gaged in trade with the Kansas tribe of Indians nineteen years, 
between the years 1796 and 182-1, and that, during the whole of 
that time, there was no white man a prisoner, of any age or des- 
cription, among them ; nor do I believe that such a circumstance 

has occurred for the last thirty years. 

" Baronet Vasquez." 

The writer of the next letter. Major Choteau, at its date hadf 
more knowledge of the Osages, in the opinion of General Cass, 
than any man then living. It was owing to his exertions, and 
those of his brother, that a considerable portion of the tribe sepa- 
rated from the others, and left the Missouri for tlie Arkansas : 

"St. Locis, September 3c1, 1825. 

" Sib : — In answer to your favor, I have the honor to state that 
my acquaintance with the Osages has been, since 1775 to this day, 
in tlie capacity of trader, agent, or otherwise, and that, during 
that period, there never was any white boy living or brought up 
by them. I can further add, that, had this circumstance hap- 
pened, it could not but have come to my knowledge. 

" P. Choteau." 

One more letter, written by Mr. Dunn, at its date a member of 
the Missouri Legislature, and the gentleman whom Hunter stated 
to have been his great patron and friend : 

"Cape Giradeau, September 4th, 1825. 

"Sir: — I have the honor to state, in answer to your inquiries 
on the subject, that I have never known such a person as John 
Dunn Hunter, the reputed author of " Memoirs of a Captivity 
among the Osage Indians, between the years 1804 and 182Q." I 
have been a resident, in the vicinity of this place, for the last 
twenty years, during which time I have never heard of a i)erson, 
bearing the same name with myself, in this country. I am, there- 
fore, confident that the author alluded to is an impostor, and that 
the work issued under his name is a fiction ; most probably the 
labor of an individual who has never seen the various tribes of 
Indians of whom he speaks. 



170 LIFE AND TIMES ■• * 

" I can fui'ther state tliat I have known no man of the name of 

"Wyatt in this conntry, who seems to have been mentioned as one 

of the friends of Hunter. ,, y -p. ?? 

'' J OHN Dunn." 

British writers and Britisli ignorance were prone to misrepre- 
sent not only the condition of the Indians, and their true character 
and disposition, but also the conduct of the American and British 
governments towards them. Their comparison was invidious, and 
often the facts cited were sheer fabrications. General Cass saw 
so much of this obloquy, and felt it too, that he has deemed it an 
imperative duty to nnniask it, -whenever a suitable opportunity 
has been afforded. The subject of our Indian relations Avas very 
imperfectly understood tliirty years since, even by the mass of the 
people in tliis country, and when developed, as they have been 
from time to time, it is almost nnnecessary to add, tliat they reflect 
the hio;hest credit on the American o-overnment, at the same time 
they expose not more the unjustifiable measures of the London 
cabinet than the perv^erseness of London and Edinburgh writers. 

Speaking of the progress of Indian depopulation, General Cass 
observes: "As Ions: as the destruction of the irame was restricted 
to an adequate supply of the wants of the Indians themselves, it 
is probable there was little diminution in the number of animals, 
and that here, as in other cases, population and subsistence had 
preserved an equal ratio to each other. But when the white man 
arrived, with his cloths, guns, and other tempting articles, and the 
introduction of new wants drove the Indians to greater exertions 
to supply them, animals -were killed for their furs and skins. 
An important article of exchange was made known to the Indians, 
which they were stimulated to jjrocure, and an alarming declen- 
sion became visible in the animals essential to their support. 
Their population, scanty as it was, soon began to press upon their 
means of subsistence, and the operation of these causes was accel- 
erated by the introduction of fire-arms, and the consequent fiicility 
afforded for destroying game. The occupation of the hunter ere 
lonir became laborious, and his labor was rewarded with dimin- 
ished success. He found the means of supplying his family de- 
creased, as their attachment to the articles brought among them, 
and their wants, increased. Game became less abundant, and 
receded from the circle of destruction, \vhich advanced with the 
advancing settlements. 



OF LEWIS CASS. 



171 



'•We arc satisfied that this cause has had a strong hifluence in 
reducing tiie Indian popuhition. Its operation has been aided by 
other circumstances : by the small pox, whose ravages have been 
sometimes frightful, and by ardent spirits, which have prostrated 
tlie mental and physical energies, and debased the character of 
the Indians, in the immediate vicinity of the white settlements ; 
but whose general effect, we are strongly inclined to believe, has 
been greatly over-rated. Among the remote tribes, spirits are 
scarcely ever seen, and they do not constitute an article of general 
use even among those who are much nearer to us. The regula- 
tions of the government are such, and they are so rigidly enforced, 
that the general introduction of spirits into tlje Indian country is 
too hazardous for profitable speculation. Nor could it bear the 
expense of very distant transportation ; for, if sold and consumed, 
a corresponding reduction must be made in clothing, guns, pow- 
der and ball— articles essential to the successful prosecution of 
their hunting expeditions, and without which, the trader would 
soon find his credits unpaid, and his adventure er^ually ruinous to 
the Indians and himself. 

" But their own ceaseless hostilities, as indefinite in their ob- 
jects as in their duration, have, more than any other cause, led 
to the melancholy depopulation, traces of which are everywhere 
visible through the unsettled country ; less, perhaps, by the direct 
slauo-hter which these hostilities have occasioned than by the 
cliange of habits incident to their prosecution, and by the scarcity 
of the means of subsistence which has attended tlie interruption 
of the ordinary employments of the Indians. There is reason to 
believe that fire-arms, by equalizing tlie physical power of the 
combatants, have among these people, as in Europe, lessened the 
liorrors of war. 

"The Indians in that extensive region, (beyond the Missis- 
sippi,) are to this day far beyond the operation of any causes, 
primary or secondary, which can be traced to civilized man, and 
which have had a tendency to accelerate their progressive depop- 
ulation. And yet their numbers have decreased with appalling 
rapidity. They are in a state of perpetual hostility, and it is be- 
lieved there is not a tribe between the Mississippi and the Pacific 
which has not some enemy to flee from or to pursue. The war- 
flag is never struck upon their thousand hills, nor the war-song 
unsung through their boundless plains. 



172 LIFE AND TIMES 

" We have only stated a few prominent facts ; bnt, were it ne- 
cessary, many others miglit be added, to prove that the decreasd 
in the number of the Indians, whatever it may be, has been owing 
more to themselves than to the whites. To humanity it is indeed 
consolatory to ascertain, that the early estimates of aboriginal 
population were made in a spirit of exaggeration ; and that, 
although it has greatly declined, still its declension may be traced 
to causes which were operating before the arrival of the Euro- 
peans, or which may be truly assigned, without any imputation 
upon the motives of the first adventurers or their descendants. 

" But after all, neither the government nor the people of the 
United States have any wish to conceal from themselves, nor 
from the world, that there is upon their frontiers a wretched, for- 
lorn people, looking to them for support and protection, and pos- 
sessing strong claims upon their justice and humanity. These 
people received our forefathers in a spirit of friendship, aided 
them to endure privations and sufferings, and taught thena how 
to provide for many of the wants with which they were sur- 
rounded. The Indians were then strong, and we were weak ; 
and witliout looking at the change which has occurred in any 
spirit of morbid affectation, but with the feelings of an age accus- 
tomed to observe great mutations in the fortunes of nations and of 
individuals, v^^e may express our regret that they have lost so 
much of wl'.at we have gained. The prominent points of their 
history are before the world, and will go down unchanged to pos- 
terity. In the revolution of a few ages, this fair portion of the 
continent which was theirs has passed into our possession. The 
forests which afforded them food and security, where were their 
cradles, their homes, and their graves, have disappeared, or are 
disappearing, before the progress of civilization. "We have ex- 
tinguished their council fires, and plowed up the bones of tlieir 
fathers. Their population has diminished with lamentable rapid- 
ity. Those tribes that remain, like the lone column of a fallen 
temple, exhibit but the sad relics of their former strength ; and 
many others live only in the names which have reached us 
through the earlier accounts of travelers and historians. The 
causes which have produced this moral desolation are yet in con- 
stant and active operation, and threaten to leave us, at no distant 
day, without a living proof of Indian sufferings, from the Atlantic 
to the immense desert which sweeps along the base of the Rocky 



OF LEWIS CASS. 1T3 

Mountains. ISTor can we console ourselves with the reflection, 
that their physical declension has been counterbalanced by any 
melioration in their moral condition. Wo have taught them 
neither how to live nor how to die. They have been equally sta- 
tionary in their manners, habits, and opinions ; in everything but 
their numbers and their happiness ; and although existing more 
than six generations in contact with a civilized people, they owe 
to them no one valuable improvement in the arts ; nor a single 
principle which can restrain their passions, or give hope to des- 
pondence, motive to exertion, or confidence to virtue." 



174 LIFE AND TIMES 



CPIAPTER XII. 

The Tear 1S26— General Cass again Traverses the Lakes — Holds an Indian Council at Ton du Lac — 
Indiana Appear witli the British Flag — A Treaty Concluded — Repairs to the Wabash— In Council 
witli Pottuwatomies and Miamis— Ilis Speech to Them — Conchuies Treaties— Tlie Legislature — 
Territorial Boundaries — Tlie Message — Accountability of Public Officers — Qualifications Requisite — 
Democratic Tone of his Messages. 

The year 182G was a busy year for General Cass. In addition • 
to the ordinary duties of his Indian Superintendency, he was re- 
quested by the War Department again to traverse the lakes, and 
meet the Chippewas of the extreme north-west in council at Fon 
du Lac. Tiiis place was an old Indian trading j^ost, situate on 
the St. Louis river, and five hundred miles distant from Sault St. 
Marie. "With Thomas L. McKenney, who was Associate Com- 
missioner, he proceeded on his mission in July. As usual trav- 
eling in his bark canoe, the voyage occupied eighteen days, and 
much tempestuous weather and high seas were experienced. 
Upon reaching the treaty ground, he found two thousand Indians 
assembled to meet him. The chiefs who were there appeared 
with the British flag, and with British medals suspended from 
their necks.. This was annoying, but the council proceeded ; and 
on tlie fifth of August a treaty was concluded and signed, the 
great object of wdiich was to remove the causes of contention be- 
tween the various tribes as to the limits of their hunting grounds. 
Upon the conclusion of this treaty, General Cass directed one of 
his attendants to take tlie flao- and medals from the chiefs. "When 
this was done, he very coolly placed the flag and medals under 
his feet, and told the chiefs that when he returned he would give 
them the flag and medals they were to use. This was a bold act 
on the part of the Commissioner, but it impressed the Indians 
with his courage, and made them listen more attentively and 
favorably to his views and advice. This duty performed, and re- 
turning to his home. General Cass repaired to the "Wabash, to 
negotiate with the Miamis and Pottawatouiies, in October follow- 
ing, lie opened this council with the delivery of the following 



OF LEWIS CASS. 175 

speech, and whicli is a fair specimen of the style and manner of 
liis intercourse with the Indians on similar occasions : 

" My Children — Pottawatomies and Miamis : 

" We thank the Great Spirit that he lias opened the paths to 
conduct us all here in safety, and that he has given us a clear sky 
and a cloudless sun to meet together in this council-house. Your 
great father, the President of the United States, has sent me, to- 
gether with the two gentlemen who sit with me, to meet you here 
upon business highly important to you, and we request that you 
would open your ears, and listen attentively to what we liave to 
say to you. 

" When the Great Spirit first placed you upon this island, he 
gave you plenty of game for food and clothing, and bows and 
arrows with which to kill it. After some time, it became difficult 
to kill the game, and the Great Spirit sent the white m;in here, 
who supplied you with guns, powder, and balls, and with blankets 
and clothes. We were tlien a very small people ; but we have 
since greatly increased, and we are now spread over the whole 
face of the country. You have decreased, and your numbers are 
now much reduced. You have but little game, and it is difficult 
for you to support your women and children by hunting. Your 
great father, whose eyes survey the whole country, sees that you 
liave a large tract of land here which is of no service to you. You 
do not cultivate it, and there is but little game upon it. The buf- 
falo has long since left it, and the deer are going. There are no 
beavers, and there will soon be no other animals worth hunting 
upon it. 

" There are a great many of the white children of your father 
who would be glad to live upon this land. They would build 
houses, and raise corn, and cattle, and hogs. You know that when 
a family grows up and becomes large, they must leave their father's 
house and look out for a place for themselves — so it is with your 
white brethren. Their family is increased, and they must find 
some new place to move to. Your great father is willing to give 
for this land much more than it is worth to ,you. He is willing 
to give more than all the game uj)on it would sell for. lie will 
make you a considerable present now, and he will allow you an 
annuity hereafter. You know well that all he promises he will 
perl'orm. 



176 LIFE AND TIMES 

" The stipulations made to you heretofore are punctually ful- 
filled. Large annuities in specie are paid to you, and they are 
sufficient to make you comfortable ; much more so than you were 
before the treaty of St. Mary's, Your great father is not only 
anxious to purchase the country of you, but he is desirous that 
you should remove far from his white children. You must all 
see that you can not live in the neighborhood of the white people. 
You have bad men, so have we. Your people will steal our horses, 
kill our cattle and hogs, and commit other injuries upon our prop- 
erty. Some of our people who have committed crimes escape into 
your country, and it becomes difficult to take them. Besides, when 
you divide our settlements, we can not have roads, and taverns, 
and fences. The game, too, dies before our improvements, and 
when that goes, you must follow it. But above all, your young 
men are ruining themselves with whiskey. 

" Since within the recollection of many of you, your numbers 
have diminished one half, and unless you take some decisive step 
to check this evil, there will soon not be a red man remaining 
upon these islands. We have tried all we could to prevent you 
from having this poison, but we can not. Your bad men will 
buy, and our bad men will sell. Old and young among you will 
drink. Y^ou sacrifice your property, you abandon your women 
and children, and destroy one another. Tliei'e is but one safety 
for you, and that is, to fly from this mad water. YY^ur father 
owns a large country west of the Mississippi ; he is anxious that 
all of his red children would remove there, and sit down in peace 
together. There they can hunt and provide for their women and 
children, and once more become a happy people. We are au- 
thorized to offer you a residence there equal to your lands here in 
extent, and pay you an annuity which will make you comfortable, 
and provide means for your removal. 

" You will there have a countr}^ abounding with game, and you 
will also have the value of the country you leave. You Avill be 
beyond the reach of whiskey, for it can not reach you there. Your 
great father will not suffer any of his white children to reside 
there, for it is reserved for his red people. It will be yours as 
long as the sun shines and the rain falls. 

" You must go before long — you can not remain here — you 
must remove or perish. Now is the time for you to make a good 
bargain for yourselves which will make you rich and comfortable. 



OF LEWIS CASS. 177 

" Come forward, then, like wise men, and accept tlie terms we 
offer. We understand there is a difference of opinion between 
Pottawatomies and Miamis, respecting their claims to this land. 
This difference we should be glad to have you settle among your- 
selves. If you can do this, it will be well, if not, we shall examine 
into the circumstances and decide between you." 

The preceding was written, and was read by sentences to the 
interpreter, Mr, Barrow, who delivered it to the Indians ; to 
this followed a few extempore remarks by General Cass, namely: 

" Mr. McCoy, whom you know is a good man, will go with 
you over the Mississippi, and continue to live among you. You 
know him to be a good man, and a sincere friend to you, and 
would not advise you to do any thing that would be an injury to 
you. You stand alone — there is none to support you — the Shaw- 
nees and Delawares are all gone. You have been invited by 
your great father, the President, and are now sitting around our 
council fire, in our council house, and under our flag. Your 
young men are not always prudent, they will drink and quarrel ; 
we hope the old and wise men will keej? the young men from 
doing any injury. If blood should be shed at our council fire, 
we never should forgive it, — we have the will and power to 
punish it. 

" Your great father has a quick ear, a sharp eye, and a long 
arm. If a Pottawatomie strikes a Miami, or a Miami strikes a 
Pottawatomie, he strikes us, — no matter where he goes, we prom- 
ise here before our brethren, red and white, we will never kindle 
another council fire, nor smoke another pipe, before we punish 
him. Your young men must listen to what the chiefs tell them. 
Tliey should do as in former days, when chiefs had power and 
the young men were wise, — let them clear out their eyes, and let 
the words I have spoken go to their hearts. 

" You now have the proposition we were authorized to make 
you. We wish you to remember it, and think upon it, and 
return us an answer as soon as possible. When you are ready, 
let us know it, and we will hoist the flag, which shall be the 
signal that we are ready to receive your answer." 

The Pottawatomies came to terms first, and a treaty was 

signed with them on the sixteenth of October. The Miamis came 

forward and concluded a treaty on the twenty -third of the same 
12 



178 LIFE AND TIMES 

month. The written speech read at this council is familiarly 
known as " The Mississinawa Speech," and was highly applauded 
throughout the United States. 

In ISToveniber the legislature again convened ; and notwith- 
standing the Indian Superintendeucy had this year occupied 
much of the thoughts and time of General Cass, yet he had 
steadily kept in view, at the same time, the great interests of 
Michigan, and was prepared to advise the council of what these 
interests required at their hands. Unlike the civil jurisdiction 
of older settled countries, he not only was called upon to admin- 
ister the laws, but it was necessary to look forward into the future, 
and judge as well of the future as of the present wants and 
requirements of the Territory. Among the principal topics to 
which he called their attention, was the dividing limit between 
Michigan and the contiguous States of Ohio, Indiana, and Illi- 
nois. In defining the State limits of Ohio, Congress had over- 
looked the rights of Michigan. 

The southern boundary of the latter was a line running doe 
east from the southern extremity of Lake Michigan to Lake Erie, 
as defined by the authority of the United States. The Legisla- 
ture of Ohio contended that this line was declared to be the 
northern boundary of Ohio by Congress in 1802, and was 
accepted by their people, with this provision, however, that if the 
southerly bend or extreme of Lake Michigan should extend so far 
south, that a line drawn due east from it should not intersect 
Lake Erie, or if it should intersect this lake east of the mouth of 
the Miami river, then in that case, with the sanction of Congress, 
the northern boundary of the State should be established by, and 
extend to, a direct line running from the southern extremity of 
Lake Michigan to the most northerly cape of Miami Bay, after 
intersectino; the due north line from the mouth of the Great 
Miami ; thence north-east to the territorial line, and by said line 
to the boundary of Pennsylvania. 

Upon this subject, — fraught with so much importance to the 
people of his jurisdiction, — General Cass dilated with perspi- 
cacity, being perfectly familiar with every page and line of 
congressional enactments relating to it. He considered the 
action of Ohio as wrong, and an indefensible encroachment upon 
Michigan. He apprised the council and the people of their 
rights, and of the true limits of the Territory ; and the information 



OF LEWIS CASS. 179 

tbiis embodied remained for reference and nnimpeacliable 
evidence in tbe public arcbives. All subsequent action on tbis 
im^^ortant subject was guided by tbis information ; and tbe 
people of the Peninsular State adhered to it in their feelings with 
as much devotion and sacredness as did the people of Israel to 
the sayings of Moses. 

" The Legislature of the State of Ohio," says he, in his revered 
message of November, 1S20, "has contended that the northern 
boundary of that State is a line run directly from the southern 
extreme of Lake Michigan to the north cape of Miami Bay. 
Tbe line actually run under the authority of the United States, 
and in conformity with the various acts of Congress upon the 
subject, commences at the southern extreme of Lake Michigan, 
and proceeds due east to Lake Erie. Tbe country north of that 
line, and bounding upon Ohio, is subject to our jurisdiction, and 
that jurisdiction can only be changed by the authority of the gene- 
ral government. A resolution was introduced into Congress, at 
tbe last session, but not acted on, to provide for a cession to Ohio 
of the country claimed by her. Although I consider the right of 
this Territory too clear to be shaken, and that our interests are 
safe where alone they can be aftected, still tbe expression of your 
sentiments upon the subject would be useful in the discussion it 
]nay produce, and I suggest the expediency of your interference. 

" With Lidiana, also, our boundary is unsettled. The ordinance 
of Congress of July 13th, 17S7, Mdiich formed the basis of tbe 
governments north of the Ohio, provided that a line, to be run due 
east and west from tbe soutbei-n extreme of Lake Michigan to 
Lake Erie and tbe Mississippi respectively, should be the bcumd- 
ary between the States upon tbe Ohio, and those north of them, 
if Congress should find it expedient to establish more than three 
States. The power, thus vested, has been exercised by the admis- 
sion already of three States into tbe Union, and, by the existing 
provision, for the admission of, at least, one more. The original 
arrangement of this matter is in that part of tbe ordinance which 
is declared to be a compact, and unalterable but by mutual consent. 

"Yirginia, by her act of cession, was a party to the arrange- 
ment, and her consent, as well as that of the States and Territo- 
ries to be affected, is essential to the validity of any chano-e in 
this instrument. The boundary of Indiana has been extended ten 
miles north of this line, and, as the consent of the proper parties 



180 LIFE AND TIMES 

has never been given to this measure, we have a right to expect 
that our just chiims will yet be regarded. 

" In like manner, the boundary of Illinois has been extended to 
the parallel of forty-two degrees thirty minutes, probably forty 
miles north of the line established by the ordinance. How the 
claims of this Territory to the country that severed from it, can 
be best enforced, and what time it may be expedient to urge 
them, I leave for you to determine. 

" But there is a question connected with the existing jurisdic- 
tion of Illinois, which the interests of an important section of 
country demand should be settled without delay. The parallel 
of forty-two degrees thirty minutes probably intersects the Missis- 
sippi in the vicinity of the Riviere aux Fievre. Upon that stream, 
as is well known, there are various lead mines, to which the 
Indian title has been extinguished, and which are now profitably 
and extensively worked. A considerable population is now en- 
gaged in this business, much of which, there is little reason to 
doubt, is in the county of Crawford. Illinois has recently extended 
her jurisdiction over this settlement, and difficulties have already 
occurred in the execution of process w^hich threaten serious conse- 
quences. It is desirable that provision should be mafle by Con- 
gress for running the temporary line, if the boundary can not be 
definitively settled, and it would, doubtless, promote the accom- 
plishment of this measure, should you express your views on that 
subject in a memorial to that body." 

Years afterwards, after repeatedly, in conventions, solemnly 
resolving that the boundary between Ohio and Michigan was truly 
set forth by General Cass, tlie people, in pursuance of the express 
requirement of the general government, as a condition precedent 
to admission into the Union as a State, and by the advice of him 
who penned the foregoing, as the least of two evils and wrongs, 
consented to a modification, and accepted from Congress the fol- 
lowing boundary : — The northern boundary line of the State of 
Ohio shall be established at, and shall be, a direct line drawn 
from the southern extremity of Lake Michigan to the most north- 
erly cape of the Maumee (Miami) Bay, after that line, so drawn, 
shall intersect the eastern boundary line of the State of Indiana, 
and from the said north cape of the said bay north-east to the 
boundary line between the United States and the province of 
Upper Canada, in Lake Erie; and thence, with the said last 



OF LEWIS CASS. ISl 

mentioned line, to its intersection with the western line of the 
State of Pennsylvania." 

But the message of November, 182G, was deeply interesting in 
other respects. The accountability of public officers to the people 
was treated of clearly, and the applicability of the views presented 
is not circumscribed to State or Territorial limits. They are in 
strict consonance with those promulgated in 1801, and worthy of 
the school of which General Cass was so distinguished a disciple. 
He assumed the position that the purity of government, and the 
incorruptibility of all its officers, was in proportion as they were 
closely or remotely connected with the people. " I have hereto- 
fore submitted to the Legislature my views in relation to the estab- 
lishment of a system of township government ; but I deem the 
subject so important that I must again recommend it to your 
attention. These institutions have, elsewhere, produced the most 
beneficial effects upon the character of the communit}-, and upon 
the general course of public measures. They embrace within 
their scope those questions of local police which are interesting 
to every citizen, and which every citizen is competent to discuss 
and determine. In the more extensive concerns of a country, the 
necessary regulations for these subordinate matters can not be 
adopted and enforced. Besides, in proportion as all governments 
recede from the people, they become liable to abuse. Whatever 
authority can be conveniently exercised in primary assemblies, 
may be deposited there with safety. They furnish practical 
schools for the consideration of political subjects, and no one can 
revert to the early history of our revolution ar}^ struggle without 
being sensible that to their operation we are indebted for much 
of the energy, unanimity, and intelligence which were displayed 
by our government and people, at that momentous crisis." And 
again, in a special message twenty days afterwards : " The act of 
Congress, changing the mode of appointment to office in this 
Territory, by requiring that nominations should be made by the 
Governor to the council, and the act of the Territorial Legislature 
limiting the tenure of certain offices, have made important changes 
in this branch of our local government. It appears to me proper, 
on the first occasion of a general appointment to office, that I 
should submit to you principles by which I shall be guided in the 
discharge of that portion of the duty which is entrusted to me. 

" It is necessary that all persons bearing office should possess 



^ 



A 



1S2 LIFE AND TIMES 

the proper qualifications, and enjoy the confidence of the commu- 
nity. Wherever either of these reqnisites is wanting, the office 
will be executed with diminished usefulness. It is not possible 
that the comparative claims of all who are j^roposed, or who are 
applicants, can be known to the nominating power. He must 
proceed upon such information as may be given to him. The 
authority is vested in hijn, not for his own sake, but for that of 
the community. I have always considered myself, in the execu- 
tion of this duty, a trustee for the public, called upon to perform 
a specific act, in which they alone were interested. There are 
circumstances connected with the nature and duties of certain 
offices, and with the exercise of public suffrage, which render it 
inexpedient that all appointments should be filled by popular 
elections. Where, however, this authority can be deposited with 
most safety, is a political problem, respecting which much difiier- 
ence of sentiment has prevailed in the United States. Latterly, 
the opinion has gained ground that the constitution of the general 
government furnishes the best model for imitation, and that the 
right of confirmation or rejection, vested in a representative body, 
aflbrded the greatest security which can be devised for the pru- 
dent exercise of this power. An elective body is too often without 
responsibility, and a single individual without control. By uniting 
the advantages of both, we provide, as tar as human institutions 
can do, against the abuse of this delegated authority. 

"An expression of the public opinion ought to have great 
weiixht in all nominations to oftice. Where it is unanimous or 
uncontradicted, it should be conclusive. In county offices, newly 
created or occasionally vacated, where the citizens assemble upon 
proper notice, and without any concealment, and, by the form of 
an election, recommend a person to office, I can conceive few 
reasons which would justify the neglect of such an application. 
The process appears to me as little liable to objection as any 
other by which the cpialifications of candidates can be ascer- 
tained. But, the practical difficulty is, that there is frequently 
such a contrariety of sentiment, that no general opinion can bo 
collected. Counter meetings are held, and remonstrances trans 
mitted, and difterent names are presented to the Executive for 
each office, supported by the recommendation of respectable 
citizens. Under such circumstances, there is but a choice of 
difficulties, and a selection must be made as the facts in each 



OF LEWIS CASS. 183 

case may seem to require. I sincerely trust, wlien any of our 
fellow-citizens find the person recommended by them has not 
received the office applied for, they will attribute the result to 
the duty of examining the whole ground, and of attending to all 
the representations which may be made, and not to the slightest 
disregard of their wishes or opinions. It is a task which, how- 
ever it may be executed with delicacy, must yet be executed with 
firmness." 

On another occasion — "At the late session of Congress, an act 
was passed, extending to the citizens of Florida and Arkansas the 
privilege of choosing almost all their ofiicers holding their offices 
under Territorial laws ; and authorizing the local Legislature to 
appoint the few not eligible by the people. I see no reason why 
the principles of this act should not be extended to this Territory ; 
and I submit for your consideration the expediency of an applica- 
tion to Congress for that purpose. It will be found that appoint- 
ments to office thus made, will be more satisfactory than when 
they are made upon the nomination of a single individual. The 
people in their respective counties are better acquainted with the 
qualifications of candidates for county offices, than an executive 
magistrate can be, and more competent to determine upon them. 
This measure would give to the people a direct and proper influ- 
ence in the management of their affairs — an influence which, at 
all times, ought to be exerted in a republican government, and 
which will be more fully exerted in that change in our political 
condition to which we are rapidly approaching." 

A more complete commentary upon the theory and practical 
applicability of power never was written. General Cass had the 
candor and ability so to define his sentiments upon the maimer 
in which the delicate trust of appointments should be executed, 
that he who runs may read and understand. And what is of 
infinitely greater moment, he conformed his executive conduct 
to the principles he so perspicuously enunciated. The people 
over which he ruled so many years, understood, in advance, 
what to expect of their Chief Magistrate. How well he served 
them, and how perfectly satisfactory, the business, population, 
and opulence of the State, and their continued evidences of 
approbation, most abundantly prove. 

In all his public action with the legislative department of the 
government, he was controlled in a great degree by the old 



184 LIFE AND TIMES 

maxim, "the world is governed too much." He was opposed 
to ill-advised and frequent legislation. When a law was once 
deliberately enacted, his disposition was to give it a fair trial; 
and, at any rate, not to engraft amendment upon amendment, 
unless it was evident that the tree, at its base, was, beyond 
peradventure, sound enough to sustain all the branches. In his 
own lano-uasc — "Our code of laws must accommodate itself 
to the progress of our institutions, and to the more important 
changes in public opinion. A little observation and reflection, 
however, will satisfy us, that in the United States, generally, 
legislative experiments have been made too frequently, and with 
too much facility. Laws are no sooner known, than they are 
repealed. Important innovations are made upon established 
principles; and experience, the only sure test in matters of 
legislation, soon demonstrates their ineflicacy, and they give 
way to some statutory provision. I trust that a character of 
permanency will be given to the laws you are about to revise ; 
and that after engrafting upon them such provisions as have 
been found salutary, they will be left to operate until our legal 
institutions shall be matured by time and experience." 

And now, whoever shall take the trouble to look over the laws 
of Michigan, as found upon the pages of her statute books, will 
not fail to discover two prominent characteristics standing out in 
bold relief, namely: uniformity, but precious little legislation 
upon the same point, and a democratic tone and spirit pervading 
the whole. And with the above sentiments safely deposited 
among her public records, it surely will not be deemed fanciful, 
to attribute to them these results in her legislative history. Un- 
doubtedly, she has had other Solons, whose profound wisdom and 
unerring sagacity have been felt in all her councils and delibera- 
tions ; but it ought not to be deemed invidious to say, that the 
volume of impartial history points to one greater than all — to 
him who was her Governor for eighteen consecutive years. 



OF LEWIS CASS. 185 



CHAPTER XIII. 

Another Negotiation with the Indians — Journey to Lake Winnebago — Hostile Feeling among ths 
Winnebagoes — Descends the Wisconsin — Personal Danger at an Indian Village — Providential 
Escape — Attack on the Miners — War Messages — General Cass organizes the Miners for Defense 
— Alarm at Fever River — He hastens to St. Louis — General Atkinson orders on Troops — Rapidity 
of General Cass' Movements — Arrival at Green Bay — Treaty of Butte de Morts — Singular Occur- 
rence — Cause of Indian Difficulties — British Agents — The North American Review — Article of 
General Cass. 

In the month of June, 1827, General Cass, with Colonel 
McKenney as his associate Commissioner, left his home in 
Detroit, for another negotiation with the Indians, at Lake Winne- 
hago. This time, he was to meet in council the Chippewas, the 
Menominees, and Winnebagoes ; and his instructions from the 
War Department were, to establish the boundary line between 
the tribes, as agreed upon at the treaty of Prairie du Chien, and 
to define tlie boundaries of the lands set apart to the New York 
Indians. On his arrival at Green Bay, he did not find the 
Winnebagoes, who were to be parties to the contemplated nego- 
tiation. It was rumored, that they were making efforts to enlist 
the Pottawatomies to join them in a war of extermination. 

The council was opened, and while holding it with the Indians 
at that place, a runner came in with the startling intelligence, 
that the Winnebagoes, who were expected, instead of attending 
had broken out into hostilities, and had actually attacked the set- 
tlements. At that time, the communication between Green Bay 
and Prairie du Chien, upon the Mississippi river, where these 
events were passing, was by water up the Fox river about two 
hundred miles to the portage, thence across to the Wisconsin and 
down that stream to the Mississippi, which it enters three or four 
miles below Prairie du Chien. General Cass embarked in a 
birch canoe w^th fifteen paddles to visit the scene of difficulty, 
and to take such measures for the protection of the j)eople and 
for restraining the Indians as might be found necessary. He 
ascended the Fox river, crossed the portage, and descended the 
Wisconsin about ninety miles ; there he met a boat coming up, 
belonging to the American Fur Company, with some of their 



186 LIFE AND TDIES 

traders on board, from whom be first learned tbe true state of 
tbhigs, wbicb was more abirming tban be bad anticipated. Tbc 
"Winnebasioes bad struck at some of tbe settlements about tbe 
Prairie, and fire and blood bad, as usual, marked tbeir course. 
Tbey were at open war, and preparing to attack tbe frontiers, 
wbere tbe alarm was naturally very great. Some of tbese traders 
were intelligent men, well acquainted witb tbe Indians, and en- 
joying tbeir confidence, wbicb was proved by tbe fact tbat tbey 
were permitted to proceed witb tbeir party upon tbeir voyage 
witbout molestation, for tbe Indians feel mucb kindness towards 
tbe traders wbo treat tbem well. Tbey urged General Cass not to 
j)roceed fartber, but to turn back, as be bad no force, and bis po- 
sition would be a very dangerous one. Tbey said tbe Winneba- 
goes told tbem tbat tbey sbould sbut up tbe portage patb, and 
tbat no otber boat after tbeirs sbould pass. However, General C^s 
felt tbat be could not yield to tbese representations, tbougb be 
felt tbeir wei<rbt, but be felt also tbe necessitv of continuing bis 
mission at all bazards, as tbe consequences were all important to 
tbat district of country. Tbe traders told bim tbat tbe bostile 
Winnebagoes were encamped upon a liigb ])rairie some tbirty 
miles lower down. Approacbiiig tbe place indicated, tbe Indians 
were seen from tbe canoe to be in an evident state of agitation, 
moving rapidly about and watcbing tbe descending party. Tbe 
flag of tbe United States was flying from tbe canoe, and tbougb 
tbe Indians did not know wbo was in it, tbey saw at once tbat 
tbe movement was an uncommon one, and tbat probably some 
public ofiiccr was on board. General Cass directed tbe boat to 
approacb tbe sbore as near as possible, and tben debarking witb 
bis interpreter and secretary, be ordered tbe crew to paddle out 
into tbe middle of tbe stream, and tbere to await tbe result. He 
tben ascended tbe bigb bank wbere tbe Indians were assembled, 
and tbe first tbing wbicb struck bim was tbe sigbt of tbe squaws 
and cbildren wbo were running away across tbe prairie. It is 
always a bad sign witb tbe Indians wben tbeir women and cbil 
dren flee from tbe meetings wbicb tbey bold witb tbe white man. 
On approacbing tbe Indians, tbey received General Cass coldly, 
but witbout any direct demonstrations of bostility. Some of tbe 
cbiefs bad been in council witb bim and knew bim, and all of 
tbem soon learned tbat be was tbeir American fatber, cbarged, 
under tbeir great fatber tbe President, witb all tbe business 



OF LEWIS CASS. IS 



T 



between them and their white brethren. A conversation took 
place, and after awhile the pipe, that indispensable instrument 
of consultation, went around, and they seemed to be a good deal 
mollitied. General Cass remonstrated with the chiefs in a firm 
tone against their dangerous proceeding, and stated their inevita- 
ble destruction, should thej continue in their course. He invited 
them to come to Green Bay, where a council ^vas then sitting, 
and if they had any just causes of complaint, he requested them 
to make them known to the commissioners, and assured them 
that justice should be done to them. An hour or two was spent 
in this intercourse, and the elder chiefs evidently became im- 
pressed with the conviction that they had placed themselves in a 
dangerous position, and they promised to do all they could to re- 
strain their young men, and also that they would attend the 
council at Green Bay. The interview seemed to pass olf well, 
and the conduct of the Indians, so far as came within the obser- 
vation of General Cass, was respectful. The young men sur- 
rounded the chiefs, listening attentively in the usual Indian man- 
ner, but without saying a word. They always evince on these 
occasions great deference, the effect of which is, liowever, de- 
stroyed by the first impulsive movement. Yrhen General Cass 
had taken leave of the chiefs, and turned away from them, a 
young man suddenly leveled his gun at him and pulled the trig- 
ger, but luckily it missed fire. lie was immediately seized by 
the chiefs, and his gun taken from hira. It was obvious that the 
chiefs were afraid to connnit an act so flagrantly hostile as would 
have been the murder of the representative of the United States 
in one of their councils, and therefore instantly arrested the act 
of the young man. The party re-embarked in their canoe, and 
continued their voyage to Prairie du Chien, whicii they reached 
without further accident, though several parties of liostile Yv^inne- 
bagoes were roaming about. At the Prairie General Cass found 
the iidiabitants in the highest state of alarm, having resorted to 
the old unoccupied fort. He took such measures as were in his 
power to provide for the immediate danger and to organize the 
people for their defense, and he promised them to repair with all 
speed to St. Louis, and there to place himself in communication 
with the Superintendent of Indian Afi'airs and with the general 
commanding the troops of the United States, and to have a force 
sent up without delay for their relief At Fever river, now 



188 LIFE AND TBIES 

Galena, the miners had been driven in and the settlements broken 
up. Boats upon the Mississippi had been attacked, and the 
danger was rapidly spreading. General Cass stopped at Fever 
river, where the inhabitants were assembled. He gave them his 
advice, and explained to them his mission. At that time, on the 
right bank of the Mississippi, down to the Missouri line, there 
were no settlers, and but few on the left bank. On a recent 
excursion to Rock Island and Burlington, on the opening of a 
railroad. General Cass adverted to the wonderful difference he 
found in the condition of the country after an interval of twenty- 
eight years, — a change which resembles rather the dreams of an 
Eastern imas-ination than the sober realities of actual life. Arrived 
at St. Louis, the necessary arrangements were immediately made 
for the protection of the frontier, and a force was dispatched 
which reduced the Winnebagoes to obedience. From St. Louis 
General Cass ascended the Illinois in his canoe and passed into 
Lake Michigan, l)y the water communication, without leaving it. 
At the head of the Des Plaines, a branch of the Illinois which 
approaches near Chicago, is a shallow lake, appropriately named 
Mud lake. The party entered it towards evening, and it soon 
became so dark that they could not discern the bank. The lake 
was covered with the broad leaves of a kind of lily, favorite 
haunts of disgusting looking water snakes. A birch canoe can 
not touch the shore without danger of having a hole broken 
through its sliirht material. It is brought near the land, and 
there retained while the passengers disembark, and this is effected 
by their being carried ashore upon the backs of the voyageurs. 
And in the same manner is the freight disposed of. The canoe is 
then taken from the water and carried by the men upon the land. 
Finding they could not get to shore safely, the j^arty spent the 
night upon that slimy sheet of water. Eighteen men in a small 
canoe, in a hot summer night, with the poles stuck into the mud 
across the canoe to steady it, accompanied with the most intense 
rain and with the most intense thunder and lightning, — such are 
the reminiscences which belong to that memorable night. And 
he who was not there, or has never been in such a place, if such 
another place there is, has little conception of what a formidable 
enemy a mosquito can be. During that long night, — long in suf- 
fering, though short in the calendar, for it was in the month of 
July, — their venomous attacks were beyond tlie power of 



OF LEWIS CASS. 189 

description. As soon as the dawn of day enabled the party to discern 
the surrounding objects, the anchor poles were taken from the 
mud, and the voyage was resumed. A small branch of the Chi- 
cago creek takes its rise close to this Mud lake, and the whole 
region being flat and marshy, when the waters are high this 
creek flows back into the lake, and thus a communication was 
formed by which boats passed from the Des Plaines, which runs 
through the lake, to the Chicago creek, and of course to Lake 
Michigan. This channel of communication, though almost shut 
up by the rank water vegetation, was found in the morning, and 
the travelers entered it, and as the descent to Lake Michigan is 
rapid, and the distance but a few miles, that space was soou 
passed over, and the canoe rested upon the broad bosom of that 
great lake. The magnificent city which occupies the junction of 
the Chicago creek and the lake, and of miles around, had then 
no existence. The white man was not there with the power and 
the desire to change everything around him. There were no 
troops, and but few families, and these were connected with the 
Indian trade. They were of course exposed at all times to the 
sudden hostility of the Indians. As the canoe approached their 
cabins at the mouth of the creek, the voyageurs commenced their 
songs, and these were heard by the traders and at first mistaken 
for the shouts of the Indians. Knowing that the times were 
dangerous, they were at first in great fear, being entirely desti- 
tute of the means of resistance, but they were soon and happily 
re-assured by the sight of our flag and by the arrival of the canoe, 
and it was with demonstrations of the liveliest joy that they 
received General Cass upon the bank. 

In the almost fabulous progress of our country, there are few 
greater marvels than the change which a few years has wrought 
by the building up of the great city which now occupies that 
spot, then so lonely and exposed. It is difiicult to conceive that 
but the other day, as it were, silence and solitude spread over 
all those regions, interrupted only by the Indian, or by the wild 
animals, his co-tenants of the forest, whom God has given to him 
for his support. 

From Chicago to the point of departure at Green Bay, the 
voyage was upon Lake Michigan, and was happily terminated 
after a rapid passage. 

General Cass made the trip from Prairie du Chieu to St. Louis 



190 LIFE AND TIMES 

in six clays, notwithstanding the stoj^page at Fever river — tlie 
shortest time then known. 

Great anxiety was felt at Green Bay, in the meantime, for the 
General's safety, rumors having reached there that he had been 
massacred by the Indians, on his way down the 'Wisconsin river. 
As soon as the troops left St. Louis, he set out on his return to 
Green Bay, by the way of the Illinois river and Lake Michigan, 
in the same canoe, and reached the treaty ground in safety, having 
traveled a circuit of about eighteen hundred miles, with unprece- 
dented rapidity. His celerity of movement, and the alacrity with 
which the United States troops responded to his call, probably 
averted a war that might Iiave embraced the whole north-western 
frontier. He met now, at the treaty ground, a large body of 
Indians, reputed to number three thousand. These he addressed, 
advising them to preserve the peace, but taking good care to let 
them know that, if they wanted war, they would find their great 
father prepared for them. 

General Cass having, in some degree, allayed the excitement, 
and, by bold measures, awed them into apparent friendship, pro- 
ceeded with the council, and the commissioners concluded a treaty 
on the fifteenth of September,' at the Butte de Morts — Hillock of 
the Dead. By it, a division line was agreed upon, between the 
Chippewas and the Menominees ; also, he obtained a cession of 
the Green Bay reservation, and tlie determination of its bounda- 
ries ; and to the United States government was referred the mat- 
ters in dispute between the Menominees and the New York 
Indians. As the Indians were preparing to leave the treaty 
ground, their attention was suddenly arrested by the M-ild and 
startling scream of a squaw. She had been stabbed by her hus- 
band, for attempting to prevent him from parting witli the supplies 
given to him for whiskey. General Cass promptly ordered him 
into custody, and made arrangements to punish him. To the 
inquiry, Wliat should be done with the man. General Cass replied : 
"We will make a woman of him." He adopted this mode of 
punishment as it was regarded by the Indians as the most degrad- 
ing they could suffer. The infliction of this punishment occurred 
as follows: 

The Indians were all assembled toG;ether around the Butte de 
Morts, the women and children in front. The culprit was then 
brought before them, and General Cass, through an interpreter, 



OF LEWIS CASS. 191 

explained to tliem M'liat he was about to do. He spoke to them 
of the kind intention of the squaw; of her object in attempting to 
preserve their provisions and clothing from the grasp of the heart- 
less whiskey dealer; that the man had struck her with his knife, 
and, if others had not interfered, would have taken her life; that 
the man who could do that to a helpless squaw, was unfit to rank 
amono; braves, and was no lono-er a man. The warriors were 
indio-nant at this interference of the General, and a desire was 
manifested by them to resist his orders. But he proceeded un- 
moved in the performance of the ceremony. The Indian was 
deprived of his leggins and ornaments; his knife taken from him, 
the blade broken off, and the handle returned to him. A dirty 
petticoat, procured from an old squaw, was then put on him, and, 
thus dressed, he was led through the crowd, and pronounced hence- 
forth " a woman.'' This sentence was far more terrible to the 
culprit than death itself. Henceforth he could not associate with 
the braves of his tribe, and he was subject to all the drudgery and 
servility common to the squaM'S. 

In the course of two months, occupied on business relating to 
this movement of the Indians, and making this treaty, General 
Cass traveled over three thousand five hundred miles, arriving at 
his home the latter part of August ; but only to set out, in a few 
days, to negotiate again with the Pottawatomies. On the nine- 
teenth of September he concluded a treaty with the Pottawato- 
mies living in St. Joseph county, Michigan, obtaining a cession of 
tlieir lands for building a military road from Detroit to Chicago. 

The Indian troubles of this year are attributable to the with- 
drawal of the troops from most of the military posts in the Indian 
country. Prairie du Chien, the seat of the outbreak, was a small 
settlement, surrounded by the Sacs, Foxes, Winnebagoes, and 
Sioux, and without a soldier to protect it ; and, as we have seen, 
the inhabitants themselves without weapons of defense. A mili- 
tary force was obviously proper and necessary, but it was removed 
up the Mississippi to St. Peter's. The western people, well aware 
of the insolence of the Indians when no force was near to chastise 
it, had memorialized Congress upon this subject, but hitherto to 
no purpose, for the senior Major General favored another policy. 
He would have a cordon of military posts and establishments on 
the exterior instead of the interior, thereby leaving the most settled 
and frequented portions of the country ex^DOsed to the attacks of 



192 LIFE AND TIMES 

the savages, as their caprice might dictate. General Cass, in a 
memorial, had reviewed the whole ground, and showed how indis- 
pensable it was to the defense of the frontier, to the maintenance 
of our rights, and the protection of our citizens, to foster a policy 
of systematized and thorough defense by the construction of mili- 
tary roads, and the erection of suitable and permanent defenses. 
At this period, exclusive of the Indians on Lake Superior and the 
head waters of tlie Mississippi, there were, witliin the Territory 
of Michigan, more than twenty-eight thousand Indians ; and, what 
was of far more consequence, over them the Indian agents of the 
British government exercised an influence incompatible with the 
honor of the American government, and injurious to the peaceful 
interests of the inhabitants of Michigan. Detroit, Mackinaw, 
Chicago, and Prairie du Chien were wholly destitute of any mili- 
tary force. The experience of this year, however, served to con- 
firm the authorities at the federal capital that General Cass knew 
what he was talking about, and fully posted as to the interests and 
duty of his government, and, in some measure, corrected the evil 
of abandonment, and induced a re-occupation of the deserted posts 
at Chicago and Prairie du Chien. 

In consequence of this apparent indifference manifested by the 
government, not only the people most interested began to exhibit 
uneasiness, arising from fear that they were to be deprived of the 
protecting arm of the War Department, but a wrong impression 
was gaining ground among the people of the older States, in rela- 
tion to the number and character of the Indians. Stories were 
industriously invented and circulated by British agents, that it 
was out of the question to think of bringing them into friendly 
relationship with the whites. This had the effect to retard emi- 
gration, which was now setting towards the west from the Middle 
States, and from the extreme east. The troubles were magnified, 
and the actual condition of the inhabitants was maliciously mis- 
stated. To correct, as far as was practicable, this wrong sentiment, 
and to exhibit, in true colors, the aborigines of this continent, 
General Cass resorted to the public press, and in the fifty-fifth 
number of the North American Review, exposed these errors, and 
presented to the reading world, under new aspects, this interest- 
ing and vital subject. Instead of relying upon reason and argu- 
ment entirely, the article was altogether of a historical and 
statistical character. Speaking as well from his own personal 



OF LEWIS CASS. 193 

observation as from the scanty records and very imperfect tradi- 
tions that had come down from other generations, it was worthy 
of receiving, and did receive, great attention from the reflect- 
ing men of that day. It rolled back the waves of prejudice 
and calnmny, set in motion by the enemies of our peace and 
happiness, and put to silence their pensioned presses and venal 
j)ens. 

"The true character of this policy," says the General, "has 
been well understood, even in this country ; and abroad, it has 
too often furnished the motive or the pretext for grave accusation 
and virulent invective. This subject, we propose now to examine, 
and, in connection with it, briefly to review the conduct of the 
two rival nations, whose general measures, in peace and war, 
had produced the most permanent effects upon the manners, and 
morals, and condition of the Indians, previously to the existence 
of the American government. The operation of the British 
policy has been so much more extensive and durable than that 
of the French, that in the observations which we shall submit to 
our readers, this relative importance will be kept in view. 

"The peace of 1763 terminated the long contest between the 
French and the British for superiority upon the North American 
continent. During its continuance, which exceeded a century, 
the Iroquois were in the English interest, and the otlier tribes in 
the French. We speak in general terms, and without adverting 
to the inconsiderable exception, occasioned by the local residence 
of some small tribes, and by other partial causes. The great con- 
tending parties availed themselves of tlie passions and wants of 
the Indians to harass their enemies, and emploj-ed them without 
scruple, whenever their services were useful ; and each was more 
successful in arraigning the conduct of his rival, than in defend- 
ing his own, for this atrocious practice, equally repugnant to their 
duty as civilized and christian nations. "We feel no disposition to 
look back upon the exciting scenes of these times gone by. The 
Indians were employed, with a full knowledge of their habits and 
propensities ; and many a traditionary story, as well as the more 
permanent memorials of history, have brought down to us, even 
tlirough successive generations, afflicting details of these enormi- 
ties. The cupidity of the savages was stimulated by pecuniary 
rewards ; and human scalps, as proofs of death, were bought and 

sold in christian markets. 
13 



194 LIFE AND TIMES 

"As the fortunes of the French waned, and the superiority of 
the British became more and more manifest, the zeal and exer- 
tions of the Indians in the interest of the latter gradually relaxed, 
and they became spectators rather than actors, in the great drama 
which was rapidly approaching its termination. The Iroquois 
appear to have become sensible, that, in exalting one power and 
annihilating the other, their policy had been directed by very 
limited views, and that it .would convert an ally into a master. 
Even as early as the reign of Queen Anne, their deputies, in an 
address to that sovereign, portrayed, with great truth and feeling, 
the calamitous issue that awaited them. 'We doubt not,' say 
they, 'but our great Queen has been acquainted with our long 
and tedious war, in conjunction with her children, against her 
enemies the French, and that we have been as a strong wall for 
their security, even to the loss of our best men.' Since then, so 
often has this strong wall been interposed between the British 
and their enemies, that it is now utterly demolislied, and its 
fragments scattered to the four winds of heaven. 

"But, at an earlier period, the unsettled state of their Indian 
relations must have satisfied the British government, that, in 
succeeding to the power of the French, thej' had not succeeded 
to their influence and interest with the Indians. Pontiac's war, 
and the contemporaneous attack upon most of the posts on the 
north-western frontier, and the capture of many of them; the 
expeditions of Broadstreet and Bouquet in that quarter, and of 
Grant in the south, together with many other military expeditions 
of subordinate interest, mark the excited feelings which j^revailed 
among the Indians, from Michilimackinac to Florida. There is 
peculiar elasticity in the French character, and we stop not to 
inquire whether it be feeling or philosophy, by which a French- 
man accommodates himself to any situation in which he may 
be placed. Upon the Seine, and upon the St. Lawrence, if not 
equally pleased, he is equally pleasant; and, during two centu- 
ries, in the depths of the American forests, he has associated 
with their rude tenants, and, as he could not elevate them to his 
own standard, he has descended to theirs. A mutual and perma- 
nent attachment has been the result of this intercourse, and, to 
this day, the period of French domination is the era of all that is 
happy in Indian reminiscence. 

"When we look back upon the long interval of Indian inter- 



OF LE^YIS CASS. 195 

course wliich elapsed between the first settlements on the shores 
of the Atlantic and the final consolidation of the British power, 
nothing but a dreary waste meets the eve. Not a verdant spot 
cheers the sight, nor a sino-le oasis in this worse than Lvbian 
desert. Remote and feeble colonies had become important and 
flourishing provinces, and the aboriginal inhabitants had disap- 
peared or receded before the mighty tide of population, which 
already, from the summit of the Alleghany, was spreading with 
exterminating force over the forests and prairies of the west. "We 
hold no fellowship with those to whom the sound of the Indian's 
rifle is more attractive than that of the woodman's ax, nor are we 
believers in that system of legal metaphysics which would give 
to a few naked and wandering savages a perpetual title to an 
immense continent. But it will not, at this day, be disputed that 
when, in the progress of improvement, the hunting-grounds of 
the Indians give place to cultivated fields, it is our duty to render 
them a full equivalent. The British government is responsible 
for the whole course of measures in relation to the Indians in this 
country, until the war of the Revolution. Their orders were 
executed by their own officers ; and, during a part of this period, 
a Superintendent of Indian x\fFairs for the northern and another 
for the southern department, were appointed by the Crown. 

"jSTot a vestige remains of any permanent advantage derived 
by the Indians from the cessions or sacrifices they made. Their 
actual relations with the British government may be emphatically 
stated in few words. They were useful, and were used, — in war, 
to fight, and in peace, to trade. Queen Anne, indeed, presented 
sacramental vessels to the Mohawks, and other furniture for a 
chapel; and this is about the extent, as far as we have been able 
to discover, of the direct interference of the British government 
in any plan to improve the moral condition of the Indians. Pious 
and benevolent men were engaged then, as they are now, in this 
interesting task; and the names of Eliot and Brainerd have come 
down to us with apostolic sanctity. The Society for Propagating 
the Gospel attempted something: but they discovered, as they 
said, 'that the Indians obstinately rejected their care;' and aban- 
doned the effort, without suspecting that the fault was in the plan 
of the teacher, and not in the docility of the scholar. Generally, 
however, great indifference prevailed; and it is said, that Lord 
Granville reproved the converting of the Indians, 'because a 



196 LIFE AND TIMES 

knowledge of the arts, and such a consummation, would make 
them dangerous to our plantations.' In the few Indian treaties 
which have escaped from the official bureaus, a piece or two of 
'strouding,' some ' duffils,' 'kettles,' 'flints,' &c., constitute the 
whole value i')aid for important cessions. These presents were 
too inconsiderable for general distribution, and they disappeared 
almost as speedily as the council which produced them. A per- 
manent arrangement, by which an annual consideration should 
always be given, and a supply thus provided for never-ending 
wants, was neither adopted nor proposed. This plan of perma- 
nent annuities, which constitutes an era in the relations existing 
between the white and the red man upon the continent, was 
introduced under the American government, and was first exten- 
sively embodied in Wayne's treaty of 1795 — a treaty, to which 
no parallel can be found in history. The Indians had waged a 
bloody and causeless war against our settlements for many years. 
They had finally been overthrown in a signal battle, and their 
confidence in themselves and their cause utterly destroyed. They 
were invited to a general council at Greenville, where the same 
terras were granted which had been granted to them long before. 
Many imj^ortant advantages were secured to them, and perpetual 
annuities were guarantied to each tribe. 

" If any restraints were imposed by the British authorities, be- 
fore our Revolution, upon the Indian traders, either in relation to 
their general conduct or the price of their goods, such restraints 
have escaj)ed our investigation. We speak advisedly when we 
say, that none such now exist. Nor is there any prohibition 
against the introduction of spirituous liquors into any part of their 
Indian country. We may close this branch of the subject in a 
few words. There was no attempt to provide a permanent resi- 
dence for the Indians. There were no schools, and no efibrts to 
introduce agriculture or the mechanic arts. There were no annu- 
ities, no regulations to direct the conduct of the traders, and no 
law to prevent the sale of ardent spirits. A century and a half 
had passed away since the first settlement of the country. The 
rulers who governed it, heedless of the condition and sufferings 
of its aboriginal inhabitants, abandoned them to that current of 
events which is yet hurrying them onward to their doom. The 
records of history can not furnish a more cold-blooded, heartless 
document than the official report of Sir Jeffrey Amherst, the British 



OF LEWIS CASS. 197 

commander-in-cliief, dated Albany, thirteenth of August, 1763, 
and coninumicating the result of Colonel Grant's expedition 
against the Cherokees. He states that ' Colonel Grant had burnt 
fifteen towns and all the plantations of the country ; destroyed 
fourteen hundred acres of corn ; and driven about five thousand 
men, women and children into the woods and mountains, where, 
having nothing to subsist upon, they must either starve or sue 
for peace.' 

" But that great revolution had now approached, which has 
already produced, and is yet destined to produce, important 
changes in the social and political systems of the world. The 
American government, at the commencement of its operations, 
used every effort to prevent the Indians from taking part in the 
contest, and the desperate struggle in which the early patriots 
were engaged still left them time to devise plans for the moi-al 
and physical melioration of their unhappy neighbors. In the 
Congress of 1776, that body passed the following resolutions : 

" ''Resolved^ That all traders shall dispose of their goods at such 
stated prices as shall be fixed and ascertained by the commission- 
ers, or a majority of such as can conveniently assemble for that 
purpose in each respective department, and shall allow the Indians 
a reasonable price for their furs and skins, and take no unjust ad- 
vantage of their distress and intemperance; and to this end, they 
shall respectively, upon receiving their licenses, enter into bond 
to the commissioners, for the use of the United Colonies, in such 
penalty as the acting commissioner or commissioners shall think 
proper, conditioned for the performance of the terms and regula- 
tions above prescribed. 

" ' Resolved^ That a friendly commerce between the people of 
the United Colonies and the Indians, and the propagation of the 
gospel and the cultivation of the civil arts among the latter, may 
produce many and inestimable advantages to both, and that the 
Commissioners for Indian Aftairs be desired to consider the proper 
places in their respective departments for the residence of minis- 
ters and schoolmasters, and report the same to Congress.' 

" With what little eft'ect attempts were thus made to counteract 
the efforts of the British authorities, and to restrain the habitual 
disposition of the Indians for war and plunder, was soon demon- 
strated by courts, and impartial history has recorded. 

'' The employment of the savages by the French and the British 



198 LIFE AND TIMES 

to destroy their enemies, is among the most atrocious acts which 
Christendom has been called to witness. We shall not here tax 
our own recollection, nor the feelings of our readers, by any 
recital of the enormities we have seen. The imagination can fur- 
nish no aid towards a just conception of tliese scenes. There is 
nothing more appalling than the reality. The Indians are im- 
pelled to war by passions which acknowledge no control, and 
death and desolation are the objects of their military expeditions. 
He is the most renowned warrior whose tomahawk flies swiftest 
and sinks deepest. There is a horrible institution among some 
of the tribes, which furnishes a powerful illustration of this never- 
tiring love of vengeance. It is called the Man-eating Society, 
and it is the duty of its associates to devour such prisoners as are 
preserved and delivered to them for that purpose. The members 
of this society belong to a particular family, and the dreadful in- 
heritance descends to all the children, male and female. Its 
duties can not be dispensed with, and the sanctions of religion 
are added to the obliirations of immemorial usas-e. The feast is 
considered a solemn ceremony, at which the whole tribe is col- 
lected, as actors or spectators. The miserable victim is fastened 
to a stake, and burned at a slow fire, with all the refinements of 
cruelty which savage ingenuity can invent. There is a tradition- 
ary ritual which regulates, with revolting precision, the whole 
course of procedure at these ceremonies. The chief of the family, 
and principal member of the society among the Miamis, whose 
name was White Skin, we have seen, and with feelings of loath- 
ing, excited by a narration of his atrocities amid the scenes where 
they occurred. 

" There are but two serious occupations connected with the ordi- 
nary business of life to which an Indian willingly devotes himself 
These are vkit and hunting. Labor is performed exclusively by 
the women. The passion for war is fostered and encouraged by 
institutions which are admirably adapted to make the warrior 
brave and enterprising. Nothing in the systems of the ancient 
republics was better devised to stimulate the ardor of their citi- 
zens. And when assembled Greece proclaimed the victor at the 
Olympic games, and crowned him with the olive wreath, she fur- 
nished no more powerful motive for exertion and distinction than 
is provided in the institutions of our aborigines. It is the same 
love of distinction which impels the warrior to tear from the 



OF LEWIS CASS. 199 

head of the writhing and reeking victim the bloody trophy of 
savage victory, and, at the next war-dance in his distant village, 
to strike the post and to recount the atrocities which, by the aid 
of the Sag-a-nosh, (Englishman,) he has been enabled to commit 
upon the Tshe-mo-ke-maun, (Big Knife, American.) 

" An Indian war-dance is an important incident in the passing 
events of a village. The whole population is assembled, and a 
feast provided for all. The warriors are painted and prepared as 
for battle. A post is firmly planted in the ground, and the sing- 
ers, the drummers, and the other instrumental musicians, are 
seated within the circle, formed by the dancers and the spectators. 
The music and the dance begin. The warriors exert themselves 
with great energy. Every muscle is in action, and there is the 
most perfect concord between the music and their movements. 
They brandish their weapons, and with such apparent fury that 
fiital accidents seem unavoidable. Presently a warrior leaves the 
circle, and with his tomahawk, or cassetete., strikes the post. The 
music and dancing cease, and profound silence ensues. He then 
recounts, with a loud voice, his military achievements. He de- 
scribes the battles he has fought, the prisoners he has captured, 
the scalps he has taken. He points to his wounds, and produces 
his trophies. He accompanies his narrative with the actual rep- 
resentation of his exploits, and the mimic engagement, the advance 
and the retreat, are exhibited to his nation as they really occurred. 
There is no exaggeration, and no misrepresentation. It would be 
infamous for a warrior to boast of deeds he never performed. If 
the attempt was made, some one would approach, and throw dirt 
in his face, saying: 'I do this to cover your shame, for the first 
time you see an enemy you will tremble.' But such an indignity 
is rarely necessary, and as the war parties generally contain many 
individuals, the character and conduct of any warrior are well 
known. Shouts of applause accompany the narration, propor- 
tioned, in duration and intensity, to the interest it excites. His 
■ station in the circle is then resumed by the actor, and the dance 
proceeds till it is interrupted in a similar manner. 

" No terms of reprehension can be too strong for the employ- 
ment of such a force. The nation which authorizes it should be 
arraio-ned at the tribunal of Christendom. It is a force which will 
not be controlled. Human power can not stay the tide of slaugh- 
ter ; and ' allies^ as the Indians may be, it is an alliance to which 



200 LIFE AND TIMES 

posterity will look back with grief and indignation, and which 
will tarnish the brightest pearl in the crown of the Defender of 
the Faith. It needs no casuistry to prove that the government 
which employs a force, of whose direct tendency they are aware, 
is responsible for the conduct of that force. Mr. Madison has 
justly said, that ' for these enormities they are equally responsi- 
ble, whether, with the power to prevent them, they want the will, 
or, with the knowledge of a want of power, they still avail them- 
selves of such instruments.' " 

General Cass, in this celebrated article, proceeds to specify 
irrefragable focts demonstrative of the British relations with the 
Indians, and, particularly, the deception practiced upon them 
during the war commenced in 1812. The utter abuses of good 
faith are graphically described, and the uniform policy of the 
American and British governments truly and forcibly contrasted. 

" But no event, since the discovery of the continent," he adds, 
" produced greater changes in the character, feelings, and situation 
of the Indians, than this war. During the latter part of 1812, and 
the whole of 1813, the north and the west were almost depopulated. 
Their ordinary occupations were abandoned, and men, women, and 
children assembled around the British head-quarters, upon the 
Detroit river, the warriors for blood, pay, and plunder, and their 
families for food and clothing. It is said that twelve thousand 
rations were daily issued to this subsidized host. And where are 
they now? Gone; the victims of war, want, and disease. They 
perished by thousands, and however their watch-fires, and the 
other incidents of savage life may furnish materials for romantic 
delineation, their recollection now excites a deeper sympathy for 
the fate of those who gave life and animation to the scene. Their 
numbers pressed heavily upon the resources of the British com- 
manding officer. Supplies were obtained with difficulty, and 
doled out with parsimony. Their usual habits and employments 
were abandoned. These were succeeded by the listlessness of a 
sedentary camp, without the recurrence of those duties which give 
some variety to that most irksome situation. A warrior has no 
system of tactics to learn, and no labor to perform ; and, when 
associated with civilized troops, he must abandon the chase, be- 
cause the animals he pursues retire from the vicinity of large 
bodies of men. No resource, therefore, was left for physical exer- 
tion or mental excitement except the war parties which were 



OF LEWIS CASS. 201 

occasionally detached upon scalping expeditions. Such was the 
disposition of General Harrison's force that these were ' few and 
far between,' and the time of the warriors was generally passed 
in a state of morbid inactivity. They were collected in unusual 
numbers, and many of them were as unaccustomed to the climate 
as to the mode of life and the absence of employment. Under 
these circumstances, disease was necessarily generated, and it was 
exacerbated by all the symptoms of a disastrous campaign. The 
hopeless prospect before them was rendered still more gloomy by 
the presence of their flimilies, remote from home, and depending 
for food and clothing upon their ' allies,' whose capture or retreat 
appeared but too probable. These causes produced their full 
effect. A grievous mortality prevailed among them, and when 
the American army made its descent upon the Canadian shore in 
1813, there was no foe to oppose it.- Proctor had fled, with the 
warriors who adhered to his cause. But much of his savage force 
had previously disappeared, either in the recesses of the forest 
whose shelter was nearest, or in the grave. Horrible stories are 
told of the miseries they endured. We had no pleasure in hearing 
them, and we should now have none in relating them. Whatever, 
in the extremity of human suffering, man has done or endured, 
these wretched outcasts were doomed to do and bear. But this 
physical wretchedness was not the only evil entailed upon them 
by their participation in the war. Their spirits were broken. 
This feeling was well expressed by Wabesha, the principal Sioux 
chief, to the British commanding officer, at Drummond's Island, 
in 1815. Wabesha is venerable for his age, and has always 
maintained a decided influence over his people. He was treated 
with marked attention, and valuable presents were spread before 
him. ' My father,' said he to Colonel McDowell, then command- 
ing the post, ' what is this I see before me ? A few knives and 
blankets. Is this all you promised us at the beginning of the 
war ? Where are those promises you made us at Michilimacki- 
nac, and sent to our villages on the Mississippi ? You told us you 
would never let fall the hatchet until the Americans were driven 
beyond the mountains ; that our British father would never make 
peace without consulting his red children. Has that come to pass ? 
We never knew of this peace. We are now told it was made by 
our ffreat father bevond the water, without the knowledge of his 
war chiefs ; that it is your duty to obey his orders. What is this 



202 LIFE AND TIMES 

to US ? Will these paltry presents pay for the men we have lost, 
both in battle and on the road ? Will they soothe the feelings of 
our friends ? Will they make good your promises to us ? For 
myself, I am an old man. I hav'o lived long, and always found 
the means of supporting myself, and I can do so still.' 

"The tenure by which the primitive inhabitants of this continent 
held their land, is a question of metaphysical speculation, rather 
than one of practical right. All will agree that they were entitled 
to as much as would supply them with subsistence, in the mode to 
which they were accustomed. And there will probably be an 
assent, little less general, to the proposition, that whatever was not 
thus wanted, and unemployed, might be appropriated by others 
to their own use. The new race of men who landed upon these 
shores, found that their predecessors had affixed few distinctive 
marks of property in the forests where they roamed. There were 
none of those permanent improvements Mdiich elsewhere, l)y uni- 
versal assent, become the evidence and security of individual 
appropriation. From Hudson's Bay to Cape Horn, the various 
nations of Europe have formed settlements, and have gradually, 
by force or purchase, reduced the aboriginal inhabitants to a 
state of vassalage, or driven them into the interior. European 
sovereigns have divided this immense country, by their charters 
or treaties, into many colonies and provinces, and have assumed 
a general jurisdiction over them, without the slightest regard to 
the primitive occupants. And the hoisting of the first flag, and 
the burying of the first bottle, are important incidents, which have 
occasioned many a per^jlexing discussion to grave diplomatists. 
Almost all the country now composing the Atlantic portion of the 
United States, was thus acquired by England. Our colonial 
records contain the history of many of these negotiations and pur- 
chases, but time has swept away almost every vestige of the 
consideration paid to the Indians. Since the establishment of 
their independence, the United States have adopted the system of 
acquiring the aboriginal title by peaceable purchase ; but they 
have adopted it with an important change, consolatory to all who 
look with sympathy upon this falling race. The plan of ^;^r??ia- 
nent annuities guaranties to the Indians a never fiiilino; resource 
against want, and its beneficial effects are apparent in the im- 
proved condition of the Wyandots, the Shawnese, and the Miamis. 
But one instance, in the history of the United States, can be 



OF LEWIS CASS. 203 

found where thej have acquired any title to the unappropriated 
country by force, and that was at the termination of the wanton 
and unprovoked hostilities of the Creeks; originating, probably, 
in foreign influence, but prosecuted in a spirit of atrocious cruelty 
not often displayed, even in Indian warfiire. Peace, without 
exemplary chastisement, would have been but an invitation to 
new ago-ressions. 

or? 

" The condition of our primitive people is a moral phenomenon, 
perhaps without a parallel in the whole history of man. During 
two centuries they have been in contact with a civilized people. 
They have seen our improvements and felt our superiority. They 
have relinquished their bows and arrows, and skins, and flint 
knives, and stone tomahawks, and have adopted our arms and 
ammunition, our clothes, and many of our instruments of iron 
and steel. But in their own moral qualities, if they have not re- 
ceded, they certainly have not advanced. A principle of pro- 
gressive improvement seems almost inherent in human nature. 
Communities of men, as well as individuals, are stimulated by a 
desire to meliorate their condition. There is nothing stationary 
around us. We are all striving in the career of life to acquire 
riches, or honor, or power, or some other object, whose possession 
is to realize the day-dreams of our imaginations ; and the aggre- 
gate of these efforts constitutes the advance of society. But there 
is little of all this in the constitution of our savages. Like the 
bear, and deer, and buffalo of his own forests, an Indian lives as 
his father lived, and dies as his father died. lie never attempts 
to imitate the arts of his civilized neighbors. His life passes 
away in a succession of listless indolence and of vigorous exertion 
to provide for his animal wants or to gratify his baleful passions. 
He never looks around him, with a spirit of emulation, to com- 
pare his situation with that of others, and to resolve on improving 
it. In a season of abundance he never j^rovides for a season of 
scarcity. Want never teaches him to be provident, nor misery to 
be industrious. This fatuity is not the result of ignorance. Efiorts, 
however ill-directed, have not been wanting to teach and reclaim 
him. But he is, perhaps, destined to disappear with the forests 
which have afforded him food and clothing, and whose existence 
seems essential to his own. 

" Under such circumstances, what ignorance, or folly, or mor- 
bid jealousy of our national progress, does it not argue, to expect 



204: LIFE AND TIMES 

that onr civilized border would become stationary, and some of 
the fairest portions of the globe be abandoned to hopeless sterility, 
that a few naked, wandering barbarians should stay the march of 
cultivation and improvement, and hold in a state of perpetual un- 
productiveness immense regions formed by Providence to suj^port 
millions of human beings? And has England furnished us with 
any examples of such a system of self-denial, or, rather, of canting 
weakness ? We will not inquire in India, for there no barbarians, 
strictl_y speaking, are found. But the Australasian continent is 
now a British province, acquired and settled within the memory 
of the present generation. And where are its aboriginal inhabi- 
tants ? Let the fallowing extract from the Sydney Gazette of De- 
cember IGth, 1821:, answer this question : 

" ' The overseer, finding that they had nearly expended their 
arms, he and his men dismounted, tied their horses together, and 
faced about, commencing a fire of musketry on the natives, then 
charged them with the bayonet until they were completely routed 
and dispersed. The natives left sixteen men dead on the field, and 
their weapons were completely destroyed. 

" ' After the fight the party returned in safety to Mudgee.' 

" That nothing short of that whole continent, exceeding Europe 
in extent, will satisf^^ the forbearance of the British government, 
we have full evidence in the measures which are in progress. And 
what permanent advantages, either physical or moral, have the 
Australasians derived from their civilized neighbors ? "We hear 
of no treaties of cession, no ' purchases compulsory 1^ or voluntary, 
no mutual concessions, no annuities for future relief. The land is 
wanted^ and it is taken. 

"There is one consideration connected with the cession of land 
by the Indians, too im.portant, in a fair examination of the sub- 
ject, to be overlooked. The advance of the wliite settlements is 
the signal for the recession of the game. There is always an ex- 
tensive interval of border country between our cultivated frontier 
and the permanent possessions of the Indians. Their unremitted 
efforts to procure food and clothing cause a rapid diminution of 
wild animals in this district ; and as these animals flee from de- 
struction, they are followed by those who look to them for suste- 
nance. The district thus abandoned becomes useless to the 
natives, and this is the land which is generally acquired by our 
treaties. lu many instances, and we speak from personal 



OF LEWIS CASS. 205 

observation, the amount paid for these cessions has been more 
vahiable to the Indians than all the animals existing there whose 
flesh and fnrs are sought by them. 

" AVe come now to other topics. ' It is not necessary to prove 
in this place, for the hftieth time,' says the reviewer, ' that our 
cause was common with that of the Indian nations. Against 
them^ as against us, the Americans had heen the real aggressors.'' 
"With what truth these assertions are advanced, will be best deter- 
mined by a brief examination of the various acts of the American 
government towards the Indians, and by a comparison of these 
with the course which has been pursued by the British govern- 
ment. Our attention has already been called to the unremitting- 
exertions of the republican government to restrain the Indians 
from hostilities ; to induce them, whenever a contest between their 
white neighbors appeared unavoidable, to remain in their own 
country and suffer the storm to pass away without exposing them- 
selves to its violence. In the same spirit hostile tribes have been 
brought together, and the tomahawk hurled heneath the ashes of 
the council jire^'' 

He then proceeded to point out the various measures of the 
British government, and he clearly demonstrated that, in all 
instances, the mere love of worldly gain was the incentive ; that 
the well-being of the poor Indian never was taken into considera- 
tion. And to satisfy the inhabitants of other portions of our 
country, that the American government not only acted from mo- 
tives of humanity, but fully comprehended the labor, he posted 
the reading public with the locality and disposition of all the 
many tribes west of the lakes, and their attitude with the whites ; 
and then, with the confidence of truth, commended to the final 
judgment of the world the conduct of his government. By this 
verdict he was content to abide. 

The councils held by General Cass with the Indians were for 
the purpose of removing difficulties Math them and of securing 
their attachment to the United States, and eventually for the 
purchase of land. The progress of our settlements rendered 
necessary the acquisition of new districts, while, at the same 
time, the diminution of game and the reduction of the number of 
Indians, made the district adjoining our improved frontier of little 
value to the aborigines ; for, in those days, they had no perma- 
nent occupation of land, and subsisted principally by the chase, 



206 LIFE AND TIMES 

living upon the meat and selling the furs to the traders, and thus 
procuring the indispensable supplies of guns, powder, lead, and 
blankets, and some other articles. 

Tlje mode of life of the Indians has undergone little change 
since they became known to us, unless in those cases, (and till 
recently there have been but few of them.) M^here they have 
abandoned their primitive habits and become stationary agricul- 
turists. According to their primitive habits, in the spring the 
families of the Saint Totem, — the subdivision of a tribe marked 
by the figure of some tutelar animal, — seek a pleasant spot of fer- 
tile ground upon some stream, and there they erect rough cabins, 
forming a little village, marked by its council house and its sur- 
rounding green for amusements, and in its vicinity they plant a 
little corn, which is scratched around, rather than cultivated, by 
the women. There are but two occupations an Indian warrior 
can honorably pursue. One is to hunt and the other is to go to 
war. All otiier labor devolves upon the women ; and tin's ijoint 
of lionor^ made such by early training which fosters their natural 
indolence, is one of the most formidable obstacles to the improve- 
ment of the Indians. As soon as their corn is fit for roasting- 
ears, — before, indeed, they begin to eat it, and to waste it with 
true Indian improvidence, for they have less foresight than many 
of the animals around them, and by the time their little crop is 
ripe, it is all consumed. A few pumpkins and beans, plants in- 
digenous to the country, were also, and yet are, raised. During 
the summer the game is poor and the furs bad, and they are able 
to kill but little, for the assemblages in the villages drive away 
the animals. They kill what they can, and when there are no 
war parties, the season is passed in indolence and amusements, 
— in eating, (gorging, rather, when they have the means,) 
dancins:, sino-Incc, smokino;, and tellino- stories. In the f\ill thev 
repair to the hunting grounds. Each family has its own, whicli 
is not encroached on by others, or, if so encroached on, a d-eadly 
feud is tlie consequence. There they encamp, and spend the 
winter in hunting and in the collection of furs, to enable them to 
satisfy tlieir traders. In the spring they return to their traders ; 
and thus passed the life of an Indian when the race first became 
known to us, except that bows and arrows were used for weapons, 
and furs and skins for clothing, — and thus it passes yet, where 
they have not followed our example. 



OF LEWIS CASS. ' 207 



CHAPTER XIV. 

Effect of the Article in tlie Review— The Lake Communication— General Cass' Literary Efforts— Treaty 
of Green Bay— His Labors— Historical Society of Detroit— His Address— llamilton College— Oration 
before the Alumni— Degree of LL.D. 

The article extracted from, in the preceding chapter, electrified 
the public mind. In addition to the many stubborn facts brought 
out, showing clearlj and concisely what policy had been pursued 
and what measures imitated by the several christian nations, in 
their intercourse with the wild aborigines of America, General 
Cass, for the first writer, had had the manliness to speak plainly 
to Europe, and to proud England in particular. The effect was, 
that the latter nation became more chary of their baseless charges 
against the philanthropy of the United States, and began to look 
about and see how M'ell they might get off from the inroads of 
'benevolence^ and best preserve the residue of their North Ameri- 
can Indian possessions. Their traders saw that it would be a 
profitless task further to prosecute annoyance, and that the only 
alternative was now to be at peace with the American authorities. 
A new era in British diplomacy dates from this time. Directing 
their attention to the innumerable tribes of Indians scattered far 
and wide, from the Gulf of St. Lawrence to Xootka Sound, they 
withdrew their busy agents from lands farther south, and allowed 
the banner of "the brave and the free" to go on in the fulfillment 
of its hiirh mission. 

ISTor was this all. The examj^le set by General Cass encouraged 
other writers, and gave them confidence to speak out, and, on all 
proper occasions, defend the dignity and character of republican- 
ism from the assaults of pampered royalty. It also restored 
confidence to the young farmers and mechanics of jSTew England 
whose thoughts were upon lands to the westward, and hastened 
their vigorous footsteps. This elucidated argument familiarized 
their minds with the dreaded natives, neutralized fear, and re- 
animated them with high and exhilarating hope. More than 



208 LIFE AND TIMES 

ever did the broad prairies and dense and lofty forests, stretching 
from the chain of inland seas that washed the northern frontier 
away to the majestic rivers that emptied the surplus waters of 
millions of acres into the southern ocean, seem to be the land 
of promise. And hitherward did they now begin to go. Not 
singly, and as exiles banished from their native land, but in 
caravans and of their own volition, there to take their parts in 
the unending drama of life. ISToble resolution! And their steady 
efforts to subdue the wilderness, beyond the language of praise. 

The"Walk-in-the-water Avas too slow, and of insufficient capacity, 
to accommodate the travelers and their lugj^ao'e over the rouffh 
waves of Erie, and enterprise built the Henry Clay and other 
steam vessels, to supply the wants of emigration. To meet the 
demand for land, increasing with every arrival of the boats in 
the Straits, other and larger tracts were surveyed and brought 
into market, and quickly taken up by the settlers. The capitalist, 
too, came, and made investments. Improvements, local and gene- 
ral, were made ; the small settlements began to swell into villages ; 
edifices, public and private, were j^rojected and built ; the echo of 
the woods was supplanted by the hum of commerce; rich fields 
of grain and other products of agriculture met the eye in every 
direction, and were shipped to the seaboard. To this complexion 
had Michigan come at last, under the judicious piloting of her 
faithful and far-seeing Chief Magistrate. Her people saw and 
appreciated it, and their confidence in his wisdom and action was 
greater than ever. Not vainglorious or overweening of his own 
efforts, he was deeply sensible of how much of their almost 
miprecedented prosperity was due to the favor of an all-wise 
and beneficent Providence; and to him, in meekness, did the 
Governor invite the people to set apart a day of public thanks- 
giving and praise. 

The mines, both copper and lead, began to pour forth their 
wealth ; and the excavators and smelters reported large quanti- 
ties for market. In this season of prosperity, and the wheels 
of government, over which he presided, moving with harmony 
and regularity within their appointed orbits. General Cass found 
leisure to add to the literary wealth of our common country, and 
enrich its stores with his views on the important topics of the 
day. He wrote several essays and reviews for the magazines, ex- 
hibiting as well great research as beautiful thoughts, and clothed 



OF LEWIS CASS. • 209 

in elegant and apt language. His contributions hold high rank 
in the world of letters, for their clearness, comprehensiveness, 
and felicity of expression. 

He was again called upon, however, in the summer of 182S, to 
visit the Sacs and Foxes, Winnebagoes, Pottawatomies, Ottawas, 
and Chippewas, in grand council at Green Bay. He concluded 
a treaty with these tribes on the twenty- fifth of August, acquiring 
for the United States many millions of acres of land ; and on the 
twentieth of September in the same year, he negotiated a treaty 
with the Pottawatomies at St. Joseph's, by which a large cession 
was procured for the State of Indiana. Regardless of personal 
comfort, he was always ready to execute the wishes of the govern- 
ment. The imminent perils which he often encountered, and his 
hair-breadth escapes from danger and death, would fill volumes to 
relate. Incident upon incident, in his travels upon the lakes and 
rivers, and through the solitary forests, it would afford pleasure 
to give, and instruction to hear. JSTo man living has seen and 
experienced more of border life, with all its excitement and 
danger, than he. There is scarcely a river in all the country 
north-west of the Ohio, of any magnitude, that he has not seen; 
and he is familiar with all the bays, inlets, and promontories, that 
line the lake coast from Buffalo to the head waters of the Father 
of Elvers, away in the far-oflf, northern wilderness. And in all 
his multiplicity of business with the Indians, he has, in every 
instance, so acted as not to leave the slightest consciousness on 
his mind, that he has aggravated the lot of a single tribe, or in 
any other manner than to the promotion of their own good and 
happiness. 

In July of this year, a Historical Society was organized at 
Detroit, under the advice of General Cass, for the purpose of 
collecting and preserving such materials, both traditionary and 
authentic, as might enable its members to trace the history of 
that portion of the United States, and mark the changes it had 
undergone. By judicious exertions, they hoped to rescue from 
oblivion many important documents; to disclose many facts and 
transactions, either wholly unknown or imperfectly remembered ; 
and elucidate what was confused and contradictory in the earlier 
annals of those regions. The field of labor was sufficiently interest- 
ing and extensive for all their industry and zeal. Experience has 

shown that, however ardentlv individuals ma v devote their energies 
14 



210 LIFE AND TIMES 

to such jiursuits, little, after all, is accomplished bv solitary 
efforts; whilst unity of action, a generous spirit of emuhition, 
the co-operation of the community, and a central point of union, 
where plans may be proposed and adopted, opinions discussed, 
^ and collections and recollections embodied and preserved, are 
,— 4 secured by these institutions. The history of Michigan com- 
mences with 1701, when, in June of that year, Mons. Do la IMotte 
Cadillac, with one hundred men and a Jesuit, left Montreal, carry- 
ing with them everything necessary for the commencement and 
support of an establishment, and ascending the St. Lawrence and 
Lakes Ontario and Erie, reached the City of the Straits in the 
following month of July. It is not invidious to say, that no place 
in tlie United States presents such a series of events, interesting 
in themselves, and permanently affecting, as they occurred, its 
y^ progress and prosperity. Five times has its flag changed between 
that day and this ; three different sovereignties have claimed its 
allegiance, — France, England and the United States; and, since 
it has been held by the latter, its government has been thrice 
transferred ; twice has Detroit been besieged by the Indians, once 
captured in war, and once burned to the ground. Still, there was 
nowhere to be found a connected account of the progress of the 
people: occasional notices were interspersed through tlie French 
historians, and detailed descriptions given of the more important 
events; but the whole subject was involved in much obscurity, 
and the statistical facts had altogether been neglected. There 
wei'e no comparative estimates of plantation and production — • 
none of those severe investigations into the character and condi- 
tion of the country which render modern history so valuable and 
satisfactor3\ 

It was under such circumstances, and impelled by such motives, 
that a movement was now made by Henry R. Schoolcraft, who 
had traveled much in the western country, and was highly gifted 
with observation and reflection, and others, to institute a society, 
which, in its eflicient and harmonious action, would remedy the 
remissness of the past, gratify the present, and benefit the future. 
The celebration of the first anniversary was deferred until the 
session of the legislative council ; when, on the eighteenth of 
September, 1829, at the council chamber, in Detroit, General 
Cass, by invitation, delivered an appropriate, interesting, and 
instructive discourse. It embodied the early history of Micljigan, 



OF LEWIS CASS. 211 

bringing it down to a period when the United States came into 
possession. It was published by the society, and excited a spirit 
of research and inquiry, producing the most beneficial results. 

" There are no proud recollections associated with the early his- 
tory of this region of forests, and lakes, and prairies. "No monu- 
ments have survived the lapse of ages, to attest, at once, the 
existence of heroic achievements, and a nation's gratitude. Xo 
names of renown have come down to us, rescued from oblivion by 
their virtues or their vices. No place is found, in all our borders, 
where the traveler can meditate upon the instability of human 
power, amid the evidence of its existence and decay ; nor where 
the memory of brilliant exploits can be recalled among the scenes 
of their occurrence. Our country is yet fresh and green. Cen- 
turies must roll on before our arches are broken, our columns 
dilapidated, our monuments destroyed ; before the hand of time 
shall have impressed upon our high deeds and high places that 
sanctity which enables the inhabitants of the eternal city, even in 
this day of Roman degeneracy, to look back with pride to tho 
deeds and days of the republic. Our only monuments are the 
primitive people around us. Broken and fallen as they are, they 
yet survive in ruins, connecting the present with the past, and 
exciting emotions like those which are felt in the contemplation 
of other testimonials of human instability. The early European 
adventurers found these regions in the possession of numerous 
tribes of savages, divided into separate communities, and speak- 
ing various languages, but having a general resemblance in their 
physical relations, their manners and customs, their religion, 
government, and institutions. Much labor and research have been 
devoted to an inquiry into their origin and migrations. Many 
idle notions have prevailed respecting these topics, unworthy now 
of serious examination, except as they furnish evidence of the 
waywardness of the human intellect. That they are branches of 
the great Tartar stock, is generally believed at the present day. 
Many points of resemblance, both physical and moral, leave little 
doubt upon the subject. But why, or when, or where the sepa- 
ration occurred, or by what route, or in what manner they were 
conducted from the plains of Asia to those of America, it were 
vain to inquire, and impossible to tell. 

" Cartier was the pioneer, but Champlain was the founder of the 
French power on this continent. For twenty years succeeding the 



212 LIFE AND TIMES 

commencement of the seventeenth centnry, he was zealously em- 
ployed in planting and rearing, upon the banks of the St, Law- 
rence, that infant colony which was destined to extend its branches 
to these shores, and, finally, to contest, with its great rival, the 
sovereignty of North America. Champlain displayed, in his ad- 
venturous life, traits of heroism, self-devotion, and perseverance, 
which, mider more favorable circumstances, would have placed 
him in the rank of those whose deeds are the landmarks of history. 
I shall not attempt to trace the progress of these remote settle- 
ments, nor to mark their alternations of prosperity and adversity. 
They are peculiarly interesting to us only as they exhibit the 
gradual and successive steps by which a knowledge of these inter- 
nal seas, and of the countries around them, was acquired, and the 
settlements formed and extended. As the tide of French power 
flows towards this peninsula, we become more anxious to trace 
its principles and progress, and to inquire into the motives and 
means of the liardy adventurers who were every year ascending 
still further and further the boundless waters before them. It 
was early discovered that a profitable traffic in furs could be 
carried on with the Indians, and the excitement of gain prompted 
those engaged in it to explore every avenue by which the camps 
and hunting grounds of the Indians could be approached. A 
better and nobler feeling, too, brought to this work a body of 
learned and pious men, who left behind them their own world, 
with all its pleasures and attachments, and sought, in the depths 
of remote and unknown regions, objects for the exercise of !:heir 
i zeal and piety. The whole history of human character furnishi;s no 
I more illustrious examples of self-devotion than are to be found in 
the records of the establishments of the Eoman Catholic mission- 
aries, whose faith and fervor enabled them to combat the difficul- 
ties around them in life, or to triumph over them in death. 

" It is now difficult to conceive, what, however, is well authenti- 
cated, that, a century and a half ago, the great central point of 
Indian influence and intelligence was upon the southern shore of 
/ Lake Superior, and far towards its western extremity. This was 
i the seat of the Chippewa power, and here was burning that eternal 
( lire whose extinction foretold, if it did not occasion, some great 
national calamity. No fact is better established, in the whole 
range of Indian history, than the devotion of some, if not all the 
ti'ibes, to this characteristic feature of the ancient superstition of 



« OF LEWIS CASS. 213 

the Magi ; and it proves their separation from the primitive stock 
at an early day, when this belief was prevalent among the eastern 
nations. All the ceremonies attending the preservation of this 
fire, yet live in Indian tradition, and it was still burning when the 
French first appeared among them. There were male and female 
guardians, to whose care it was committed ; and when we recol- 
lect the solemn ritual and dreadful imprecations with which the 
same pledge of Roman safety was guarded and preserved, it ought 
not to surprise us that such importance w^as attached by the In- 
dians to the ceaseless endurance of this visible emblem of power, 
whose duration was to be coeval with their national existence. 
The augury has proved but too true. The fire is extinct, and the 
power has departed from them. We have trampled on the one, 
and overthrown the other. 

" The circumstances of another custom have survived the general 
wreclv, in which so much of their tradition has perished. Upon 
the Sandusky river, and near where the town of Lower Sandusky 
now stands, lived a band of the Wyandots, called the Neutral 
Nation. They occupied two villages, which were cities of refuge, 
where those who sought safety never failed to find it. During the 
long and disastrous contests which preceded and followed the 
arrival of the Europeans, and in which the Iroquois contended for 
victory, and their enemies for existence, this little band preserved 
the integrity of their territories, and the sacred character of peace- 
makers. More fortunate than the English monarch, who, seated 
upon the shore of the ocean, commanded its waves to come no 
further, they stayed the troubled w^aters which flowed around but 
not over them. All who met upon their threshold, met as friends, 
for the ground on which they stood was holy. It was a beautiful 
institution ; a calm and peaceful island, looking out upon a world 
of waves and tempests. 

" It is diflicult, at this day, to trace the causes of the attachment 
and aversion which were respectively manifested by the various 
tribes for the French and English. The interest of the former 
generally predominated, and they seem to have had a peculiar 
facility in identifying themselves with the feelings of the Indians, 
and in gaining their affections. But, even in this quarter, the 
seeds of disaffection were early sown, and ripened into an abund- 
ant harvest. The Fox or Outaganic Indians, who then occupied this 
strait, evinced a restless disposition, from their first acquaintance 



214 LIFE AND TIMES 

with the French, and a determined predilection for the English. 
This was cultivated by the usual interchange of messages and 
presents, and an English trading expedition actually reached Mich- 
ilimackinac in 1686. 

" During such a contest for supremacy, both in power and com- 
merce, the great advantages offered by an establishment upon 
this river could not escape the observation of the contending par- 
ties. In fact, it is difficult to conceive why it was so long post- 
poned, and we can only account for it by the recollection, that 
the French had another and safer way by which they could com- 
municate with the north-western regions. If the English entered 
the country at all, they nmst enter it by this route, and a position 
here was in fact the key of the whole region above us. Influ- 
enced by these motives, the English government seriously con- 
templated its occupation, but they were anticipated by the decisive 
movement of their rivals. A great council was convened at 
Montreal, at which were present all the distinguished chiefs of 
the various tribes occupying the country from Quebec to the Mis- 
sissippi. It is described by the French historians as the most 
numerous and imposing assemblage ever collected around one 
council fire, and it was attended by the Governor General and 
all that was noble and powerful in ISTew France. Its discussions, 
and proceedings, and result, were fully recorded, and have come 
down to us unimpaired. The whole policy of the Fi*ench inter- 
course with the Indians was considered, and the wants and com- 
plaints of the various parties made known. The Iroquois stated 
that they had understood the French general was about to estab- 
lish a post on the Detroit river, and objected strenuously to the 
measure, because the country was theii"s, and they had already 
prevented the English from adopting the same step. The Gov- 
ernor General, in answer, informed them that neither the Iroquois 
nor the English could claim the country, but that it belonged to 
the King of France ; and that an expedition, destined for this ser- 
vice, had already commenced its march. 

" The continued wars between France and England, which filled 
60 large a portion of the eighteenth century, extended their influ- 
ence to this quarter, and a company of militia, detailed from the 
hihabitants, and commanded by an ancestor of one of our most 
respectable families, that of Campan, fought in the great battle 
where Braddock was defeated and killed. But it was under the 



OF LEWIS CASS. 215 

walls of Quebec tliat the fate of this country was decided. Upon 
the plains of Abraham the victor and the vanquished poured out 
their lives together, displaying in death, as they had displayed in 
life, traits of magnanimity and heroism worthy of the best days 
of chivalry. ' Who flies ?' said the expiring Wolfe, to an excla- 
mation of one of the mourning group around him. He was an- 
swered, ' The enemy ! ' ' Then,' said he, ' I die happy ;'— and 
he died. His fate, so picturesque and glorious, recalls the mem- 
ory of Epaminondas and Gustavus, upon the plains of Mantinea 
and Lutzeu. Victory crowned their standards, and death sealed 
their career. His rival in fame, and in all but fortune, Montcalm, 
nobly supported the honor of France, and fell too soon for his 
country, though too late for himself. But a few brief years after- 
wards, and another noble and gallant leader attempted to plant 
the standard of freedom upon the rocky battlements of Quebec. 
He fell where Wolfe and Montcalm had fallen before him, but 
the memory of Montgomerj^ will be cherished as long as the 
sacred cause for which he fought and died. 

''In 1760, the British, under the capitulation of Montreal, took 
possession of Detroit and the upper ports, and in 17G3 these were 
finally ceded by France. No sooner had the English obtained 
possession of the country, than a spirit of disaffection became vis- 
ible, which extended to all the tribes in this region, and finally 
led to the conception and execution of a plan, equally able and 
daring, for their overthrow. 

"• There was then upon the stage of action one of those high and 
heroic men who stamp their own characters upon the age in 
which they live, and who appear destined to survive the lapse of 
time, like some proud and lofty column, which sees crumbling 
around it the temples of God and the dwellings of man, and yet 
rests upon its pedestal, time-worn, but time-honored. This man 
was at the head of the Indian confederacy, and had acquired an 
infiuence over his countrymen, such as had never before been 
seen, and such as we may not expect to see again. To form a 
just estimate of his character, we must judge him by the circum- 
stances in which he was placed ; by the profound ignorance and 
barbarism of his people ; by his own destitution of all education 
and information ; and by the jealous, fierce and intractable spirit 
of his compeers. When measured by this standard, we shall 
find few of the men whose names are familiar to us more 



216 LIFE AND TIMES 

remarkable for all they purposed and achieved than Pontiae. 
Were his race destined to endure until the mists of antiquity- 
could gather round his days and deeds, tradition would dwell 
upon his feats as it has done in the Old World upon all who, in 
the infancy of nations, have been prominent actors for evil or for 
good. Pontiae was an Ottawa, and had been a celebrated and 
successful warrior. His virtues seem to have been his own, and 
his vices those of his age and nation. Major Pogers, who con- 
ducted to Detroit the first British detachment, was met upon 
liis route by Pontiae and his warriors. He states tliat the chief 
sent to demand why he entered his country, and informed him 
that he stood in the path, and that the troops could not proceed 
until their object was satisfactorily explained. At an interview 
between them, the British commander assured him his object 
was not to claim the countrj^, but to remove from it the French 
troops, who had prevented a friendly intercourse between the 
English and the Indians. Proper belts were interchanged, and 
the desired j)ermission was given. Pontiae issued a currency 
which was received by the French settlers and laithfully re- 
deemed by him. These bills of credit were drawn upon bark, 
and represented the article which had been delivered to him, 
and were authenticated by the figure of an otter — the totem of 
his fiimily. 

" Pontiae meditated a sudden and cotemporaneous attack upon 
all the British posts on these lakes, and upon the forts at Niagara, 
Presque Isle, La Boeuf, Yenango, and Pittsburgh. His design 
was to carry them by treachery, and to massacre their garrisons. 
He then intended to take possession of the country, and to op- 
pose the introduction of British force. He calculated that these 
successes would give confidence to all the tribes and unite them 
in a general confederacy. His first object was to gain his own 
tribe and the warriors Vv^ho generally attended bin). Topics to 
engage their attention and inflame their passions could not be 
wanting. A belt was exhibited, which he pretended to have re- 
ceived from the King of France, urging him to drive tlie British 
from the country, and to open the paths for the return of the 
French. The British troops had not endeavored to conciliate the 
Indians, and mutual causes of complaint existed. Some of the 
Ottav/as had been disgraced by blows. But, above all, the Brit- 
ish were intruders in the country, and would ere long conquer 



OF LEWIS CASS. 21 T 

the Indians as they had conquered the French, and wrest from 
them their lands, 

" After these topics had been skillfully managed, a great council 
was convened at the River Aux Ecorces, where Pontiac addressed 
the Indians with equal eloquence and effect. lie called to his 
aid their prevalent superstition, and related a dream, in which 
the Great Spirit had recently disclosed to a Delaware Indian 
the conduct he expected his red children to pursue. I shall not 
occupy your time by a recital of the various circumstances attend- 
ing the translation of this seer from earth to heaven. They were 
distinctly narrated by Pontiac, and such is the effect of supersti- 
tion upon the human mind, that they were perhaps related with 
as much good faith as they were received. In the interview be- 
tween the Great Spirit and his chosen minister to the Indians, 
minute instructions were given for their conduct in this, the pe- 
culiar crisis of their fate. They were directed to abstain from 
ardent spirits, and cast from them the manufactures of the white 
man ; to resume their bows and arrows, and the skins of the ani- 
mals for clothing. 'And why,' said the Great Spirit, indignantly, 
to the Delaware, ' why do you suffer these dogs in red clothing 
to enter your country and take the land I gave you ? Drive 
them from it, and when you are in distress, I will help you.' 

" Tiie speech of Pontiac, and the dream of the Delaware, pro- 
duced a powerful effect upon the wild and reckless multitude, who 
listened eagerly to the tale of their wrongs, and the offer of revenge. 
A plan of operation was concerted, and belts and speeches were 
sent to secure the co-operation of the Indians along the whole line 
of the frontier." 

Thus discoursed General Cass to the Historical Society of Mich- 
igan. Of a capacious mind, and unusual retentive memory, he 
has made it a rule of his life, when not otherwise engaged, to busy 
himself in acquiring infurmation and knowledge from reading, 
observation, and mingling with his neighbors and friends. The 
history of the western country he had garnered in his mind. 
"Whatever there was of tradition, to the minutest detail, was his ; 
whatever of value had been written by the early travelers, he had 
attentively perused, and reflected upon. As with the imperfect 
history of other countries, so with this ; the searcher after truth 
finds much chaff, and much judgment was requisite to separate the 
truth from imposition. He had improved the many opportunities 



218 LIFE AND TIMES 

that came in liis way, to nnridclle many a curious story; and, on 
the occasion of this anniversary, the society had the full benefit 
of all this. His discourse was, of itself, a concise and beautiful 
liistory of the great region in which its members dwelt ; and, as 
such, was most sacredly treasured up in the archives of the society. 
General Cass was now frequently invited to deliver addresses 
in the Territory where he resided, and in the adjoining States, 
and very frequently gratified his admirers by an acceptance. In 
the following year of 1830, the Alumni of Hamilton College, in 
the State of New York, gave him a very urgent invitation to de- 
liver an address at tbeir anniversary meeting, on the twenty-fifth 
of August. This, in those days, was some distance for him to go 
for such a purpose. The invitation, however, was warmly urged 
by the graduates of that institution, and he accepted it. He ful- 
filled the appointment on the designated day ; and in the address 
which he delivered on that occasion, displayed an affluence of 
reading and reflection, which evinced an elevated literary taste, 
and proved his intimate acquaintance with most of the depart- 
ments of human knowledge. A stranger to his earlier history 
would have supposed it to have been a difficult task for him to 
perform, with any degree of credit to himself or them, employed 
as he had been then, fur upwards of twenty years, in the life and 
cares of the wilderness, and its savage tenants. But when the 
reader is informed that he had been previously admitted an hon- 
orary member of the American Philosophical Society, in Phila- 
delphia ; of the Kew Hampshire, Phode Island, and Indiana His- 
torical Societies ; of the American Antiquarian Society, and the 
Columbian Institute, the only surprise will, proVjably, be that the 
children of this Alma Mater were so fortunate in their selection 
of an orator. 

"Your favorable reo-ard,"' said lie, "has called me from the 
land of Pontiac and Tecumseh, to this ancient seat of Iroquois 
power and ambition. The generation has not wholly passed away 
which beheld that fierce confederacy in possession of your fair and 
fertile regions ; which saw the war-flag upon your hills, and heard 
the war-song in your valley's. And there are many, yet in the 
vigor of manhood, who recollect, at a much later period, that, in 
the country beyond you ; in that great plain which still stretches 
onward as we follow it, and which now teems with industry and 
enterprise and civilization, the wandering Indian held undisputed 



OF LEWIS CASS. i 219 

dominion, and made bis home and his grave where there was no 
pale man to claim the one, nor to distnrb the other. But now the 
feeble remnants of this primitive race are strangers in the land 
of their fathers. In their own language, they are traveling to the 
settino; sun, leavino; their inheritance to us and our children. The 
fall of a high sj^irited people always presents a subject of melan- 
choly reflection. But the causes which, for generations, have been 
exerting their influence upon our aboriginal population, are yet in 
active operation ; and regret them as we may and must, they will 
go onward to their work. Our solitary rivers will yet be ascended, 
our forests subdued, our prairies reclaimed, and civilization and 
improvement will assert their empire, until they are checked, as 
in other times and countries they have been checked, by great 
social or political revolutions." 

Speaking of the power of education — 

" But as the great mass of mankind is instructed, and public 
opinion enlightened, a moral force is exerted, "which governments 
dare not resist. The schoolmaster is a more powerful antagonist 
than the soldier, and the alphabet a more eflicient weapon than 
the bavonet. The nations of Christendom are members of one 
great family. Such is the intercourse of commerce and science, 
that the proceedings of everj^ government are obtained, discussed, 
and judged throughout the civilized world. If a hostile gun is 
fired upon the Ganges, the echo is heard upon the Mississippi. 
If the Egyptian, reversing the tide of ancient conquest, plants the 
crescent upon the Parthenon, sweeping over the land of Miltiades 
and Aristides with a spirit of ruthless barbarism, which leaves to 
Greece neither the evidence of her past civilization nor the hopes 
of her future, neither her monuments nor her children, her suf- 
ferings are felt and deplored, wherever our countrymen have sub- 
dued the forest or reclaimed the prairie. 

" Where is the man so elevated as not to quail before this uni- 
versal gaze ? Even the wayward child of fortune, who was insu- 
lated in his career and fate, no less than in the scenes of his birth 
and death, fell before the public opinion of Europe, which he had 
despised and provoked. The banners of the continental princes 
would never have crossed the Tihine had not the spirit of their 
people been roused ; and among the remarkable events of that 
portentous era, when Europe arrayed itself against France, there 
was nothing which marked the as2:)ect of the times more strongly 



220 • LIFE AND TIMES 

than the zeal everywhere displayed by the people. They marched 
in the van of their governments, and actually forced their way to 
war." 

Of the periodical press, he remarked: 

"The wish of Archimedes is realized, and a place is found 
where the world can be moved. Only a century and a half has 
passed away since the introduction of newspapers, and, during 
many years, their progress was slow and doubtful. In their in- 
fancy there was little to commend them to public regard. They 
were mere chronicles of passing events, recording everything with 
equal gravity, whether trifling or important. There were no en- 
larged views, no interesting speculations, no elaborate discussions, 
j^olitical or statistical. But as they attained maturity, their char- 
acter gradually changed, and they became what the}^ now are — 
the repositories of all that is important in the progress of human 
affairs, and of much that is valuable in science and literature. 
Their duration is now beyond the reach of fraud or force. In 
India, in Iceland, in Australia, at the Cape of Good Hope, in 
regions first known to history, and in those which history has yet 
to visit, these periodical messengers are sent abroad to instruct, to 
restrain, and to punish. Knowledge is diffused with certainty, 
promptness, and accuracy. The conduct of rulers is scrutinized ; 
the course of their polic}'' is investigated ; a moving map of the 
world is spread before the community ; and literature, science, 
and the arts, are carried to the remotest verge of civilization. In 
republics they are the safeguards of freedom ; in monarchies they 
are jealous sentinels, prompt to discern and fearless to announce 
approaching danger; and, in all governments, they are the nerves 
W'hich convey sensation through the political body. Benefits, when 
common, are rarely appreciated, and the natural elements around 
us are among the choicest blessings of life, which we enjoy without 
reflection, but which we could not lose without destruction. If 
the periodical press, witli its rich treasures of intelligence and 
science, were struck from existence, we should then know how 
much we had possessed by feeling how much we had lost. 

"ITad this great source of public instruction and information 
existed in tlie old world, how different might have been its des- 
tiny, and how rich the lessons of experience transmitted to us ! 
How precious would be a newspaper, printed at the epoch of 
some of the memorable events which have come down to us in 



OF LEWIS CASS. 221 

'thoughts that breathe and words that burn.' A gazette of 
Sparta or Athens, when Xerxes was upon the Hellespont, or 
Leonidas at Thermopylae, would be a treasure far beyond the 
marble monuments which yet look out npon the ruins around 
them. The hopes, the fears, the efforts, the sacrifices of Greece, 
would be before us, not disguised in the impassioned strains of 
her poets, nor in the eloquent but partial narrations of her histo- 
rians, but as they marked the approaching danger and the alter- 
ations of popular feeling. And with equal interest should we 
gaze upon a similar monument of the literature and fortunes of 
Rome, when domestic discord or foreign armies shook her power 
but not her resolution ; when her citizens retreated to the sacred 
mount, or her great Carthagenian enemy swept her eagles from 
the field of Cannse. It is impossible to look upon those great 
events, familiar to us from infancy, but seen through a mirage 
which distorts while it magnifies, without being sensible of the 
absence of many of those peculiar traits which give life to the 
picture of modern times. The orators, statesmen, and philoso- 
phers, are actors upon a stage, dressed in theatrical costume, and 
performing the parts assigned them. But of their private lives, 
of their peculiar opinions and feelings, and of the moving inci- 
dents which appealed to all and swayed all, little has been 
recorded, and little can be known. Of general facts, we have 
enough, and more than enough. Armies, and battles, and victo- 
ries, are forever before us, as though we had nothing to learn but 
the splendor of conquest and the utter disregard in which human 
life was held. All that is wanting to complete our knowledge of 
antiquity, these publications would have furnished. We should 
have entered the private dwellings of those who, twenty centuries 
ajzo, were as anxious about the cares of this life as we are. Their 
domestic circles would have been open to us, their conjugal and 
parental and filial relations disclosed, and the whole constitution 
of their society revealed. The meagre details of manners and 
customs, now gleaned from the comic writers, would be dis- 
regarded in the general view presented to us. Time would 
be annihilated, as the steam engine is annihilating space, and 
nations, as remote in age as in position, would be brought 
together. 

'•But these are advantages peculiar to the age in Mdiich we 
live. The invention of Cadmus still retains all its value, but it is 



223 LIFE AND TIMES 

almost the only debt which the diffusion of modern knowledge 
owes to the genius of antiquity. And when we recall the circum- 
stances which formerly retarded the progress of letters, we may 
well be surprised that so much was done for the great cause of 
literature; and that in history, in poetry, in elocution, the works 
which have descended to us yet excite the admiration of man- 
kind. They arj models for imitation, rather than efforts to be 
equaled. The slow and expensive process by which alone manu- 
scripts could be multiplied, necessarily limited the circulation of 
works to the wealthier portion of society ; and it is recorded, that, 
for three small treatises, Plato paid a sum equal to sixteen hundred 
dollars of our money. AVhen the field of fame was thus limited, 
only an ardent devotion to literature could stimulate to exertion. 
Greece indeed affords, in one of her institutions, a noble theater 
for display : and wdien all that was wise, and learned, and vene- 
rable, through her confederated states, assembled at the Olympic 
games, and listened to the poets and historians who recited their 
admirable productions, life could afford no reward more grateful 
or enduring. 

"In our own country, we may attribute the general pi'ogress 
of political information to the introduction of periodical publica- 
tions, and to the admirable system of posts by which tliey are 
distributed to every portion of the republic. Our country is 
intersected in all directions by routes, along which the deposit- 
ories of intelligence are conveyed. From the Lakes to the Oulf 
of Mexico, and from the Penobscot to the Missouri, these avenues 
of knowledge are pouring out their rich treasures before the com- 
munity. The tenant of the remotest log cabin, upon the very 
verge of civilization, is within the reach of newspapers recording 
the passing liistory of the world. The able debate which, at the 
last session of Congress, fixed the eyes of the nation upon the 
Senate, was watched with equal anxiety in every part of the land. 
The talents and opinions of tliose who mingled in the controversy, 
were as well known upon the frontier as at the capital. Tlio 
grave questions of constitutional law, so elaborately discussed, 
furnished topics of conversation and argument throughout the 
confederacy. The general spirit of inquiry, co-operating with 
the facility afforded for its indulgence, renders the whole body 
of our citizens spectators of the proceedings of the government. 
The walls of tlie capitol are, in effect, broken down, and the 



OF LEWIS CASS. 223 

national representatives perform their duties upon a vast arena, 
where their measures are all visible to those who gave, and can 
take from them, their political life. It is difficult to estimate 
too highly the effect of tliis surveillance upon the character and 
duration of our country." 

Turning his attention to the power of knowledge and education 
upon the political institutions of the various nations of the world, 
he proceeds to say : 

" Representative bodies are gaining strength where they exist, 
and they are coming into existence where they have heretofore 
been unknown. With the knowledge of their rights, comes the 
feeling of their strength. The uses and abuses of governments 
are now freely investigated, and men begin to wonder that they 
have so long submitted to unjust pretensions, founded neither in 
reason nor utility, neither in the good they promise nor in that 
which they perform. Time and opinion sanctify many errors; 
and the 'pomp and circumstance' of a throne have often pre- 
served the authority, if not the life, of the occupant. But he 
who raised thrones and demolished them as easily as he fought 
battles and gained them, said (and the lesson is now spreading 
through the world) that 'they were wooden seats covered with 
velvet.' Their splendid drapery can not much longer* conceal 
the truth. It would be arrogant for us to judge what forms of 
government are best suited to the condition of the European 
States; and we should contradict many of the lessons which 
history has furnished, were we to affirm that monarchies, pro- 
perly administered, can not protect the rights and promote the 
happiness of their people. But we may well look forward to 
the time when such governments, restrained by limitations they 
can not pass, and acknowledging the influence of public opinion, 
shall exercise their powers in a spirit of justice and forbearance. 
And that time must come, and come speedily. It has been said, 
and with some truth, that the affairs of no nation can be very 
badly administered, where a body of men, no matter how consti- 
tuted, or by whom elected, have the right to assemble, and freely 
and publicly investigate the proceedings of the government. But 
how much more efficacious are the general extension of education 
and the productions of the press? Instead of receiving impres- 
sions from those who are too often interested in the prevalence of 
erroneous ones, an enlightened community forms impressions for 



224 LIFE Aim TIMES 

itself. For a time, the ramparts erected in many countries against 
this great enemy of arbitrary power, may prevent the approach 
of instruction and information. But these defenses must give 
way. They will fall as many prouder monuments have fallen; 
and knowledge, freedom, and science will march over them, not 
as northern nations entered the capital of the world, to enslave 
and destroy, but to redeem, to enlighten, and to protect. Even 
the great Russian Iceberg, which is already the terror of Europe, 
has felt the genial influence of knowledge and science; and let 
us hope that it will dissolve beneath their power, before it i-eaches 
the plains of France and Italy. Signs of approaching change 
begin to be visible among the votaries of Islamism : and happy 
W'ill it be for the nations possessing that faith, if they can be 
brought to perceive their moral and political degradation; to 
exchange the pilgrimage to Mecca for excursions into the regions 
of knowledge and science. We might then hope that the stern 
character of Mahomet would regenerate the descendants of those 
mighty warriors who subdued the empire of the east, and carried 
the horse tails to the capital of the west. Nor can we be indif- 
ferent to the progress of the fortunate soldier who sits upon the 
throne of the Pharaohs. Centuries of darkness and servitude 
have rented upon the land of the Nile; the cradle of the arts and 
sciences, it has long been their tomb. Its history, like the source 
of the mighty river which gives it fertility, eludes our research, 
and its monuments have survived the memory of their founders 
and the objects of their construction. Even here, the light of 
knowledge is penetrating; and its pyramids may yet be gilded by 
the setting rays of the sun of science, as in the infancy of the 
world they were gilded by its rising beams. 

" And Greece, too, is awakening from the slumber of ages. She 
has cast from her the incubus of Turkish despotism, and is again 
displaying that standard which triumphed at Marathon and Sala- 
mis. And who has not deplored her suflerings, and rejoiced at 
hor emancipation? And what prouder triumph have knowledge 
and science ever gained, than the imperishable fame which the 
deeds of her statesmen and warriors, the works of her artists, and 
the productions of her poets, and historians, and philosopliers, 
have conferred upon the land of Homer, of Aristides, and of Epam- 
inondas ? A re2;ion of countrv not larger than some of our coun- 
ties, has riveted the attention of the Avorld for twenty centuries. 



OF LEWIS CASS. 225 

To this day our earliest recollections are given to lier history, our 
earliest associations to her fame and fortune. In boyhood we 
study the story of her rise and foil ; in manhood we deduce from 
it lessons of practical wisdom ; and in age we revert to it as an 
interesting chapter in the general history of the human family." 

He pays a passing tribute to enterprise and commerce : 

" Stimulating all to exertion, and every portion of the habitable 
globe has been explored. The causes of war are decreasing, and 
the desire to engage in it, by princes and people, diminishing. 
Ambition, indeed, is as reckless as ever, but no future warrior 
will reach an Indus, beyond which there are no worlds to conquer. 
And national glory is a meteor, yet mistaken by many for the 
fountain of light. National glory ! The glory of destruction, and 
not of preservation ; of want, of suffering, of misery, and not of 
abundance, of enjoyment, of prosperity ; of death, and not of life. 
We may hope that tliis splendid pageant is passing from before 
the eyes of mankind. It will leave impressions not less sad than 
salutary. Of the productive industry of the ancients we have 
very imperfect notions. Their historians seem unwilling to leave 
the great highways of war, and battles, and splendid national 
affairs, and explore the by-ways which led to private life, and 
manners, and employments. Statistical researches were almost 
unknown, and exactness in political science unheeded.'" 

In commenting upon the various improvements and discoveries 
in the arts and sciences, and contrasting the present with former 
ages, he finally reaches astronomy; and of tliis he says: 

"There is nothing within the whole ran^e of the human imaeii- 

nation which so forcibly impresses upon us just conceptions of the 

infinite power of Ilim who made, and preserves, and may destroy 

these works of his hands ; perhaps for purposes unknown to us, and 

to be replaced by others, as these may have succeeded a more 

ancient creation. The telescope has drawn these worlds towards 

us. It has shown that points of matter, many of them scarcely 

visible to the naked eye, are among the most stupendous works 

of Providence ; while a kindred instrument has revealed to us a 

world of animated beings, near us, indeed, and around us, but 

utterly unknown till the invention of the microscope. Where 

these discoveries are to end no man can tell. Already have we 

passed the boundaries prescribed to unassisted nature, and brought 

the greatest and the smallest, the nearest and the most remote of 
^ 15 



226 LIFE AND TIMES 

God's works witliin our view. "We may yet ascertain that many 
portions of matter, apparently inanimate, are congeries of living 
beings, performing the fmictions assigned to them, and each en- 
joying liis allotted share of happiness. But the mind withdraws 
from these speculations, overpowered by their immensity and 
infinitude, and seeks relief in the contemplation of other objects." 

But of these arts and sciences he observes : 

" They do not constitute the only melioration which has taken 
place in the condition of human life. Pestilence, famine, and 
conflagration were vials of wrath which were poured out upon the 
ancient world, but which have been rendered almost innoxious by 
the progress of useful knowledge. I will not hold up to your 
view such facts, scattered over the records of history, as show the 
sufferings formerly inflicted u]:)on mankind, by the frequency and 
extent of these terrible calamities, through the successive eras of 
human woe ; from the famine ' which was over all the face of the 
earth,' when the sons of the patriarch went down to Egypt to buy 
corn, that they ' might live and not die ; ' and the contagion which 
carried death into every femily of Israel, while the messenger of 
divine wrath punished the pride of the ruler and the people, down 
to the memorable conflagration of Rome, kindled by the imperial 
monster who then filled the throne, that he might sing upon his 
lyre the destruction of Troy, while a greater than Troy was burn- 
ing around him. These visitations mark every chapter of the 
history of nations, and their baleful efix3Cts have been felt in mod- 
ern times. But science and the arts have interposed themselves 
between these destructive agents and their victims ; they stand 
between the living and the dead, mighty to protect, if not to 
overcome." 

He unrolls the historical canvas of the middle ages, and geo- 
gra])hically describes the low condition of man and mind in that 
benighted period of human existence. He speaks of the dawn of 
another sun in the intellectual firmament, and the fresh impulse 
given to mutual improvement ; but adds : 

" Let us indignantly discard the utilitarian doctrine which would 
teach us to estimate the value of all improvement by its power of 
application to the acquisition of wealth, or to the business pursuits 
of life. There is already enough of selfishness in human nature, 
without making this principle of action the foundation of our 
knowledge, and the object and reward of moral and intellectual 



OF LEWIS CASS. 227 

cultivation. To eradicate this great motive of exertion would be 
- impossible were it attempted, and injurious were it possible. But 
it is the part of true wisdom to circumscribe the sphere of its 
operation, and to guide and control its application, that it may 
furnish a moral stimulus in the performance of the duties of life, 
and not an intoxicating draught, paralyzing the faculties, or pre- 
senting but one object for their contemplation. 

" The powers which Providence has given have been wisely 
given for action and enjoyment. Judgment, taste, genius, imagi- 
nation, these endowments were bestowed that they might be 
employed, cultivated, and improved. They are among the purest 
elements of human happiness, and the pleasures they bring are 
rational, innocent, and enduring. They quicken and invigorate 
that sensibility Avhich is one of the best safeguards of virtue ; which 
adds to the power of conscience and the fear of responsibility, the 
restraining dread of self-abasement." 

Omitting no topic which naturally came within the proposed 
scope of this intellectual effort, he expresses the opinion that this 
country lias little to fear from overgrown fortunes and general 
luxury; and that we may look, without apprehension, to the 
progress and cultivation of every branch of literature and all the 
departments of the arts. His own language is preferable. 

" The state of society in our own country, as well as some of 
the fundamental principles of our political institutions, is happily 
opposed to this, the last and worst calamity of decrepit nations. 
Distinctions of rank are unknown among us, and the distinctions 
of wealth, where wealth confers them, are soon scattered to the 
winds by that tendency to distribution which is one of the origi- 
nal laws impressed upon our system. 'No legal barriers are 
erected, behind which imbecility and profligacy can secure them- 
selves from the just consequences of their improvidence. Estates 
are left to be preserved or lost, as those who possess them may 
be prudent or profligate. Our statutes of conveyance, and of 
inheritance, and distribution, are some of the peculiar character- 
istics of our condition, which promise permanence and stability 
to our government and institutions. They are not indeed among 
the declarations of natural rights and political principles M'hich 
our fathers, in the hour of trial and danger, committed, with 
their own lives and fortunes, to the course of events, and which 
have since been engrafted into our own written constitutions : but 



22 S LIFE AND TIMES 

among all these splendid truths, there is, perhaps, not one des- 
tined to produce a more permanent effect upon the character and 
prospects of our country and countrymen, than the regulations 
Avhich govern the conveyance and descent of property. Wise in 
their principles, and more salutary in their operation, than the 
septennial reversion of the Jews, or the agrarian law of Home, 
they leave to individuals proper motives for exertion, and the just 
rewards of their industry and enterprise in the accumulation of 
wealth ; while, in the freedom from all restraint, except the will 
of the owner, they ensure its distribution among the community 
in good time and without violence. The innumerable streams of 
private wealth, as they pass along to fertilize the land, succes- 
sively increase, and diminish, and disappear, leaving new foun- 
tains to spring up and new channels to be opened." 

And as he draws this profound and beautifully written address 
to its close, he proceeds to say : 

" The works of genius, the noble inheritance which antiquity 
has bequeathed to us, furnish objects of study and models of 
thought for our youth. Long may they continue to appreciate 
their value; to draw intellectual wealth from these rich treasures 
of taste and learning. There is a period in human life when the 
memory is plastic and the judgment weak; when facts can be 
collected and deposited in the great mental store-house, to be ex- 
amined, and selected, and combined, after the other faculties 
have gained strength and maturity. This is the time for the 
acquisition of the ancient languages — time which may be profit- 
ably devoted to these and kindred pursuits, without any sacrifice 
of those other great objects of education which require the co- 
operation of the higher powers of the understanding. 

"The philosophy of speech is itself one of the most interesting 
objects of human contemplation, and the structure of languages 
is intimately connected with the character and condition of the 
people by whom they are spoken. Greece and Rome have left 
in the modern tongues many witnesses of their own, and it will 
not be denied, that a full knowledge of the English language can 
not be obtained without a general acquaintance with these ancient 
languages. Their artificial and transpositive arrangement, render- 
ing many inflections necessary to their comprehension, and sacri- 
ficing simplicity to euphony, is a curious subject of speculation, 
and exhibits one of the most strikins; characteristic differences 



I 



OF LEWIS CASS. 229 

between ancient and modern nations. These views are sufficient 
to redeem our schools from the imputation of an unprofitable ap- 
plication of their time to barren and useless pursuits. But their 
justification, if justification be necessary, rests upon other and 
higher considerations. The learning of the ancient world, its sen- 
timents, experience, and feelings, are embodied in those imperish- 
able productions of Grecian and Italian genius which have come 
down to us as fresh and green as when they first excited the ad- 
miration of mankind. Those fortunate and favored regions, kin- 
dred indeed in the bounties which nature has given them, but 
rivals in arts, in arms, and in fame, were the repositories of 
much that was valuable in human life, and the theater of almost 
all that was splendid in human action. They are yet the high, 
places of the earth, where pilgrims from every land go up to sur- 
vey the dilapidated memorials of taste and genius which adorn 
their solitary spots, and to meditate upon the instability of hu- 
man power where the foundations of power were the deepest and 
strono-est, 

" But there are monuments of Grecian and Roman power 
which no barbarism can overthrow, and where no tainted breeze 
can carry desolation. These are the trophies of peace and not of 
war : the triumphs of opinion and not of force. To us and to our 
youth, who inhabit a land beyond the world of Strabo and 
Ptolemy, these memorials of departed greatness and knowledge 
are the more precious because they furnish the only bond of con- 
nection between this western hemisphere and the early abodes of 
science and freedom. We can not survey the plains of Maratiion, 
and strengthen our patriotism by its glorious recollections. jSTor 
can we view the scenes of ancient martyrdom, and there find our 
piety elevated by the contemplation of the faith and courage 
which sent many of the early Christians through tortures to 
death, and through death to their reward. These associations are 
wisely given, and where they may, let them be profitably em- 
ployed. But we can recall the events which laid those lovely 
regions desolate, and can bless God the more fervently for tlie 
country, and government, and religion He has given us. "We 
can draw lessons of wisdom from the past, and if the future is 
beyond our view, we may still learn to indulge in useful 
anticipations. 

As time passes over us, it will consecrate the scenes of our 



li 



230 LIFE AND TIMES 

own memorable events, where courage, and constancy, and pa- 
triotism devoted themselves nobly and generously to the cause 
of their country, in the days of her trial and danger. Your State 
contains its full share of these sacred spots, and not the least in- 
teresting is in your own vicinity. The stream which gives 
beauty to the landscape around, and which now flows through a 
peaceful and prosperous region, once saw the advance of a Chris- 
tian banner, surrounded by civilized and savage forces, prepared 
to do those deeds of horror which, we may trust, will never again 
desolate our frontiers. The great lakes which stretch along your 
borders have been the scenes of desperate conflicts ; and even 
now, as the traveler ]3roceeds up Lake Erie, he points to its west- 
ern islands as the Greek patriot points to the Gulf of Salamis ; to 
the j)lace where the lamented Perry gained his victory with Spar- 
tan courage and made his report with Spartan brevity. There 
no monument can be erected, in its freshness to gratify our pride, 
nor in its decay to hallow our recollections. The waves roll, and 
will roll, over it ; but whoever passes by with no kindling emo- 
tion, no desire to recall the glorious story, nor to associate its inci- 
dents with the islands and shores around him, no determination 
to follow the bright example of those who there triumphed in 
life and death, let him distrust his own heart, and let his country 
distrust him." 

The attendance of the Alumni of Hamilton College on this oc- 
casion was numerous ; and in the evening, Gerrit Smith, presi- 
dent, in the chair, they unanimously passed the following 
resolutions : 

''''Resolved^ That the thanks of the Association be presented to 
His Excellency Governor Cass, for the able and eloquent address 
this day delivered by him. 

'-'• Resolved'^ That Governor Cass be requested to furnish a. copy 
of the address for publication. 

^''Besolved^ That Theodore S. Gold, Charles P. Kirkland, and 
Samuel D. Darkin, be a committee to communicate the preceding 
resolutions to Governor Cass." 

As a further token of respect, he subsequently received from 
Hamilton College the honorary degree of LL.D. 



I 



OF LEWIS CASS. 231 



^ 



< 



CHAPTER XY. 

Geueral Cass resigns the OlBco of Governor — President Jackson invites General Cass to the Head 
of the War Department — His Acceptance — Public Demonstration at Detroit — Address of Major 
Biddle in behalf of People of Michigan — The Reply— The Congratulations. 

In July, 1831, General Cass resigned his office as Governor 
of Michigan. He had administered the government for a period 
of nearly eighteen years, with signal ability. He had been 
appointed six times, — running througli the presidency of Mr. 
Madison, Mr. Monroe, and John Quincy Adams, — without a 
single representation against him from the people in all that 
time, or a single vote against him in the Senate. Our terri- 
torial history contains no similar mark of confidence. As his 
first appointment in 1813 was wholly unex'iDected, so was each 
renewal entirely unsolicited. In fiict, his administration was con- 
ducted with so much wisdom, and gave such universal satisfaction "^ 
to the people, that they regarded his continuance as a matter of 
course. He had faithfully discharged the duties of his Indian ^ 
Superintendency, of a wider circuit of country than any man 
before or since has had under his direction, commencins: witli 
over forty thousand Indians, and quite nine thousand warriors, < - 
He had concluded nineteen treaties with the Indians, and acquired 
large cessions in Ohio, Indiana, Illinois, Michigan, and Wisconsin, 
to an amount equal, perhaps, to one-fourth part of the area of those 
States, and each productive of important results to the government. 
In all their villages, his name was familiar; and, in all his trans- 
actions with this wandering, peculiar race of people, he acted with 
a just and enlightened regard for their interests, and took good 
care that they should not suffer wrong. Ko treaty negotiated by i_^ 
him was ever rejected by the Senate, nor was a representation 
over made against one of them by the Indians — a rare occur- 
rence, and one which is no doubt owing to the great fairness and 
justice of the proceeding. He was often pained to listen to their 
tales of sufi^ering, resulting from the avarice of the trader, and 
frequently intei'posed the executive arm, to shield them from 



^ 



232 LIFE AND TIMES 

imposition. lie had been to them, indeed, what he professed, 
as the representative of the government, namely, their father. So 
they regarded him, and so they meant, when, in addressing hira, 
they gave him that title. Consequently, his influence was un- 
bounded ; and, by not using that influence for personal purposes, 
he retained their confidence and friendship. Had not this been 
the case, he would have fallen far short of accomplishing so 
much good for the benefit of his country. He has had more 
ofiicial business with the Indians than any other man. Soon an 
adept in his knowledge of their character, he knew how to com- 
port himself, as we have seen, on any occasion and emergency. 
Prompt and punctual in all his engagements with them, it all 
resulted to the good of the people. When he began his adminis- 
tration, he found the country small in white population, without 
resources, and in a dej^lorable state ; the devastations of war 
were felt and seen in all directions : he left it with a wide- 
spread population, and thriving with unrivaled prosperity. 

One other illustrative fact may be worth narrating, as it shows 
the difficulties which beset his intercourse with the Indians, arising 
out of their peculiar opinions. To deceive the whites is a most 
justifiable action, in the estimation of the Indians; very little 
dependence can be placed upon their statements when they have 
the least temptation to deceive. In the Lake Superior country, 
in 1820, General Cass was traveling with an interpreter and one 
or two other white men and some Indians. Ascending a hill, 
they suddenly came upon a large bear, which had been caught 
in a trap, — a heavy log, slightly held up, and with a bait, by 
touching which it fiills. The bear was held by his hind legs, but 
was very strung and ferocious. One of the Indians immediately 
shot him in the head ; and as soon as he had done so, and ascer- 
tained that he was dead, he walked up to him, and taking him 
by the paw, he shook it, exclaiming, — "It was not me that killed 
you ; it was those white men." The Indians have some supersti- 
tious notion attached to the killing of a bear, fearing that under 
some circumstances, when he knows who occasioned his death, he 
will disturb his hunting-grounds in those regions where they think 
bears and Indians must all finally go. The fearlessness of asser- 
tion, which belongs to Indian character, was strongly manifested 
in this contradiction of the truth, made at the very moment of his 
own action. 



OF LEWIS CASS. 233 

Andrew Jackson liad entered upon the duties of the Presi- 
dency of the United States on the fourth of March, 1829. As 
his measures — esi^ecially upon the subject of the tariff, internal 
improvements and finance — would differ from those of his im- 
mediate predecessor, he called around him a new list of cabinet 
counsellors, and the former heads of Departments retired from 
office with Mr. Adams. This new cabinet was selected from 
among the many distinguished men who had supported the 
claims of General Jackson in the presidential contest of 1828, 
and all were members of that jDolitical party which, by common 
consent, was called the Democratic, having, for its immutable 
base, the governmental doctrines enunciated by Mr. Jefferson 
thirty years before. It had been reported in many of the news- 
papers, that the cabinet of his predecessor had not harmonized 
upon all questions; and to avoid collisions of sentiment, as well 
as to give his country the benefit of measures emanating from 
many minds, but united in one. General Jackson resolved, at the 
outset, that his cabinet must be a unit. "With this view, the 
States of New York, Pennsylvania, IS'orth Carolina, Georgia, 
Tennessee, and Kentucky, furnished his counsellors. Martin Yan 
Buren, who had been inaugurated Governor on the first of Janu- 
ary previous, came from New York, and took charge of the State 
Department. The foreign relations of our country were in an 
unsettled condition ; and to be managed with national pro- 
priety and honor, great address and unremitting labor were 
requisite. There were many complicated questions with the 
British government to be adjusted; and the new Secretary of 
State diligently endeavored to execute the task. After the lapse 
of several months, as well for the purpose of closing these open 
questions more speedily as to dissipate the mist which, quite un- 
necessarily, seemed to shroud the domestic relations of many of 
the officers of government, Mr. Yan Buren, in the winter'of 1831, 
resigned the port-folio of State, and was appointed Minister to 
London. This vacancy disturbed the equilibrium of the cabinet 
as originally cast, and the other members, with the exception of 
Mr. Barry, resigned. It, therefore, became necessary for the 
President to form a new cabinet, but its re-construction was not 
completed until the August following. 

General Jackson was aware that much was expected from him 
by a large majority of the American people ; and that it was an 



^ 



231 LIFE AND TIMES 

imperative duty to call around him the ablest talent, united to 
long tried experience. He had favorably known General Cass 
since 1806. He had aided Mr. Jefferson in the south-west, the 
same as General Cass had done in the north-west. He had de- 
fended New Orleans, when General Cass was defending Detroit. 
The former had fought in the war of 1812 in the south-west, while 
the latter sustained the flag of the nation in the region of the 
lakes. And although since then, General Cass had been with- 
drawn from the arena of party politics outside of his Territory, 
yet his political sentiments were well known. 

The President was pre-eminent over his cotemporaries in his 
ready perception of the character and capacity of others ; and 
believing, undoubtedly, that General Cass' mind and experience 
would be of paramount service, he called him to the head of the 
"War Department. The invitation was accepted, and General 
Cass entered upon his new duties in August, 1831. Witli him 
was associated in this new cabinet, Edward Livingston, of Louis- 
iana, in the State Department; Louis McLane, of Maryland, in 
the Treasury; Levi Woodbury, of ISTew Hampshire, in the Navy; 
Mr. Barry, of Kentucky, as Postmaster-General ; and Koger B. 
Taney, of Maryland, as Attorney-General. All these gentlemen 
had been in public life, and were eminent for their business capa- 
cities, integrity, and devotion to the Union. 

But the people of Michigan, over whom he had presided for 
60 many years, regretted the separation: they preferred, for them- 
selves, that he should continue with them. He commenced his 
ofiicial career with them, when gloom covered the land : among 
them he had lived and associated through many a trying year, 
and had served them in the triple capacity of ruler, adviser, and 
friend ; and they were adverse to the severance of this personal 
and political connexion. The invitation to join the venerable 
patriot aft Washington was equally unexpected to them and him; 
and General Cass, it is almost needless to add, fully appreciated 
the responsibilities of this new position. Yet, the same sense of 
duty which induced him, in 1813, to exchange the comforts of a 
civilized home in Ohio, for the hazards and privations of frontier 
life in Michigan, now prompted him to obey the voice of his 
country, through her Chief Magistrate, summoning him to a 
more elevated and extended sj^here of action. 

His fellow-citizens, however, were unwilling that he should go 



OF LEWIS CASS. 235 

out from among them, unaccompanied by some token of tbeir 
approbation and friendship, and on the eve of his departure from 
Detroit, they tendered him the compliment of a public dinner. 
And the proceedings on this memorable occasion are evidence so 
unmistakable of their attachment to him, that a perusal will afford 
a more correct view of the relations existing between the distin- 
guished guest and his many friends, than any other mode of 
narration. 

The address of Major John Biddle, who presided on the occa- 
sion, was as follows : 

" Your Excellency : — Our fellow-citizens have assigned to me 
the office of expressing the sentiments which your intended depart- 
ure from among them has universally called forth. To be the 
organ of conveying to you these sentiments is a most grateful 
duty, sympathizing, as I do, very sincerely in the general feeling. 

" Many of us have witnessed your administration of the affairs 
of this Territory for a series of years, which embrace a large por- 
tion of the active period of life. The situation is one of the most 
difficult to which an American citizen can be called. The public 
ofBcer who is delegated, without the sanction of their suffrages, 
over the afiiairs of a people elsewhere accustomed to exercise, in 
its fullest extent, the right of self-government, is regarded with 
no indulgent feelings. The I'elation is truly colonial, and the his- 
tory of territories, like other colonial history, has been too often a 
mere chronicle of the feuds of the governing and the governed, 
exhibiting a domineering and arbitrary temper on the one side, 
met by a blind and intemperate opposition on the other. 

" From the evils of such a state of things we have been happily 
exempted. You have preserved harmony by wisely conceding to 
public opinion that weight to which it is entitled under every 
government, whatever may be its forms ; thus giving to your 
measures the support of the only authority to which the habits 
of American citizens will allow them cheerfully to submit. The 
executive powers of the Territory have been administered in the 
spirit of republican habits and principles, too firmly fixed to yield 
to temporary circumstances, leaving the people nothing to desire 
but an occasion to manifest their approbation, by bestowing them- 
selves an authority so satisfactorily exercised. 

" Of the manner in which yourself and most estimable family 
have performed the courtesies, as well as the graver duties of 



236 LIFE AND TIMES 

private life, I will permit myself to say no more than that it has 
been duly appreciated, and has left an impression not easily to 
be effaced. 

" The people of Michigan will long remember your zealous and 
successful exertions to promote their welfare, and, if the present 
separation should prove a final one, be assured that they will look, 
with affectionate interest, to your future career, hoping that in a 
more extended field of usefulness it may be as honorable to jout- 
self, and as beneficial to your fellow-citizens, as that has been 
which you are now about to terminate. Allow me to propose : 

'• Lewis Cass— Health and happiness attend his future course. 
May the people of the United States duly appreciate the talents 
and integrity which Michigan has contributed to the public ser- 
vice of the Union." 

This sentiment, so felicitously given, was received with vocifer- 
ous and prolonged cheers by the audience, which now crowded 
the large dining-room of the hotel, and filled the doors and win- 
dows and the adjoining halls. Mr. Biddle struck a chord which 
thrilled the heart of that large and intelligent assembly. The 
leading citizens of the Territory, without distinction of party, had 
come to bid their Governor, of eighteen years' continuance, an 
affectionate farewell. It was not a mere feast, or passing comjjli- 
inent; and their speaker, in the most simple and unadorned 
language, had given utterance to feelings and sensations which 
alike animated all. 

When the applause had partially subsided, their honorable 
guest, most naturally affected by these evidences of warm attach- 
jnent and earnest regard, falteringly rose from his seat, almost 
wishing that his sense of public duty would permit him to remain 
continually with his neighbors and friends, and responded as 
follows : 

" Fellow-Citizens : — I return my sincere thanks for this dis- 
tinguished mark of your regard, as well as for the very kind man- 
ner in which your sentiments have been conveyed to me by the 
gentleman who has been called to preside at this festive board. 
This numerous and respectable assemblage furnishes but another 
manifestation of that kindness which has never deserted me, 
during the period of eighteen years in which I have administered 
the executive department of the territorial government, and under 
many trying circumstances, both in peace and war. At the 



OF LEWIS CASS. 237 

commencement of that period, the Territory had just been rescued 
from the grasp of an enemy. Its population was small, its 
resources exhausted, its prospects cheerless. The operations of 
the war had pressed heavily upon it, and scenes of suffering and 
oppression had been exhibited, to which, in the annals of modern 
warfare, we may vainly seek a parallel. We have only to look 
around us to be sensible how great is the change which has since 
taken place in our condition. The Peninsula has been explored 
in every direction, and its advantages ascertained and developed. 

" The current of emigration has reached us, and is spreading 
over our forests and prairies. Settlements have been formed, vil- 
lages founded, and roads opened in every direction. All the 
elements of social order and prosperity have been called into 
action, and are combining to form another republic, almost pre- 
pared to ask admission into that confederacy which, protecting all 
in its hour of security, may appeal to all in its hour of danger, 
should danger ever approach it. This great advantage is due to 
the intelligence, industry, and enterprise of our countrymen. 
These causes will continue to operate, until the vast plain extend- 
ing from Lake Erie to Lake Michigan, shall furnish through its 
Mdaole extent, another example of the powerful effects of free 
institutions upon the progress and prosperity of a country. 

" I have been called, fellow-citizens, to another sphere of action. 
To one where your generous confidence can not alone support me, 
and where, I am apprehensive, I shall find the duties as far beyond 
my abilities, as the appointment itself was beyond my expecta- 
tion. But wherever I may go, or whatever may await me, I shall 
cherish with unfading recollection the events of this day, and the 
sentiments you have expressed towards myself and towards those 
whom nature and affection have made the nearest and dearest 
to me. In severing the connection which has heretofore united 
me to the Territory, permit me to thank you for all the kindness I 
have received from you. I can claim only the merit of having 
endeavored faithfully to execute the trust reposed in me, and if, 
at the termination of my long period of service, I leave you without 
a party for or against the executive, to your partiality, far more 
than to my services, must this result be attributed. For that 
forbearance, as well as for all other marks of your favor, and 
especially for this, the latest and the last, I beg leave to express 
my feelings in a sentiment : 



238 LIFE AND TIMES 

" The citizens of Michigan — May they be as prosperous as they 
have been to me kind and generous." 

The great regret manifested by the inhabitants, on this occasion 
of parting, ought not to be forgotten, and is, in itself, one of the 
most convincing proofs how eminently fit their friend was for 
discharging the duty of a chief magistrate. 

Seldom has it been the good fortune of a territorial governor, 
clothed with the extraordinary powers conferred by the ordinance 
of 1787, to retire from the station without some murmur of disap- 
probation reaching his ears, or without having afforded opportu- 
nities for the indulgence of unpleasant feelings. In this instance, 
neither existed, and with that generosity of heart common to the 
people of the west, which prompts them to render justice, did the 
people of Michigan unhesitatingly proclaim their approbation of 
the administration just closed. 



OF LEWIS CASS. 239 



CHAPTEE XYI. 

General Cass assumes the duties of Secretary of War — The Cabinet — Reforms Introduced — Ilis Family 
— His Indian Policy — His first Kejiort — Indian Difficulties in Georgia — General Cass reviews the 
Decision of the Supreme Court. 

General Cass reached Washington with his family early in 
Angust, 1831, and entered upon his duties of Secretary of War. 
The successor of John II. Eaton, by resignation, his appointment 
was unanimously confirmed by the Senate, on the thirtieth of 
December followino-. 

This post of duty under the general government, was full of 
responsibility and labor on all occasions ; but, as we shall soon 
see, it was destined to be much more so for a few years to come. 
Party spirit had reached an alarming hight, far exceeding any 
that had hitherto occurred in the political amials of our country. 
Men of solid intellect, far-reaching sagacity, and commanding 
popular influence, were arraying themselves in formidable strength 
against that man of single purpose and incorruptible integrity, 
whom the sovereigns of the Pepublic had called from his lowly 
home in Tennessee to the cares" and responsibilities of the presi- 
dential mansion. Unfortunately, all will admit, as he was fairly 
putting the ship of state on the democratic tack, it became neces- 
sary to exchange his crew, and that, too, in the midst of his voyage. 
With what firmness and philosophy he met such an unexpected 
crisis, is already embalmed in the eternal remembrance of the 
civilized world. 

Mr. Livingston had been one of the earliest and most efficient 
advocates of the views of the democratic party, and the zealous 
co-laborer of Mr. Jefferson in its formation. General Jackson 
was much attached to him, as well from early political association 
as from later intercourse growing out of the campaign of New 
Orleans, when Mr. Livingston was his volunteer aid-de-camp, 
but in fact his trusted adviser in the difficult questions, legal and 
others, growing out of the events of that stirring period. He was 
a man of extensive information, of great powers of application, 
of much simplicity of character, with acknowledged probity of 



210 LIFE AND TDrES 

pni-pose, and was, witlial, a learned jurist. He had mucli to do 
in the preparation of the celebrated proclamation of General 
Jackson against nullification, and it is probable that that memo- 
rable state paper owes much of its arrangement to his cultivated 
taste and vigorous style. But the views it embodies, and the 
train of reasoning it pursues, are those of General Jackson, 
marked with that power and clearness which were prominent 
traits in his character, and many of its expressions betoken him 
to be their author. His master-spirit pervaded the whole doc- 
ument. 

Mr. McLane enjoyed the confidence of General Jackson, and 
merited it. He belongs to the great statesmen of our country. 
A prompt and fearless debater, a close reasoner and a sagacious 
observer, joined to high intelligence, he had attracted public atten- 
tion by his efforts in Congress, and by his diplomatic services 
abroad, and he carried to the two executive departments, over 
which he presided in succession, the fruits of much experience, 
and one of the clearest heads, and soundest hearts, that ever 
entered the public .service, and he well fulfilled the expectations 
formed of him. He had great firmness of purpose, as well as 
independence of character, and these were precisely the mental 
traits to attract the attention, and to ensure the esteem, of General 
\ Jackson. When the question of the removal of the dej)osits was 
- imder consideration, Mr. McLane and General Cass opposed the 

measure in the cabinet deliberations, and upon all occasions, 
when the subject came up, expressed to the President their disap- 
probation of the proposition. The ai'gument prepared by Mr. 
McLane, at General Jackson's request, was marked by strong 
reasoning and extensive information ; but, as it found, so it left his 
resolution, unshaken ; and it is a proof of his magnanimity, that 
he never manifested the slightest disapj^robation at the course of 
Mr. McLane and General Cass in opposition to a favorite measure, 
to the accomplishment of which he devoted all the energies of a 
poM^erful will, and of a mighty understanding. Both of these 
^>.^ gentlemen requested him to permit them to leave his cabinet, lest 
their known opposition to the project might weaken the strength 
of the administration. Their position is well known ; for all the 
circumstances were fully developed by Mr. Duan'e, then Secre- 
tary of the Treasury, in a publication made by him, and the coun- 
try was therefore fully aware of the diversity of views which 



\ 



"> 



OF LEWIS CASS. 241 

prevailed among tlie official advisers of the President npon this 
subject, and of the discussions, not to say differences, to which 
they gave rise. But General Jackson would not listen to a prop- 
osition for their retirement. lie met the application with the 
sternest refusal. He expressed the fullest confidence in the dis- 
sentients, and said that in calling for their opinions he did so in 
good faith, and because he wanted their views upon so important 
an occasion. These he had obtained, though he should follow his 
own opinions and can-y out the measure ; he wished from them 
neither the sacrifice of place nor opinion, but only when the 
project was determined upon, its execution should be no longer 
opposed. 

The deposits were removed, and time has pronounced its judg- 
ment of approval upon the course of General Jackson. Few can 
now be found who will deny the wisdom of the measure, and 
among the converts whom experience has made are the two mem- 
bers of General Jackson's cabinet who took ground against it. 
General Cass, after his return from France, in conversation with J^ 
Mr. McLane, found that the conduct of the Bank of the United 
States had satisfied them both that it had become an improper 
depository of the public revenue, and that the separation of the 
government from all connection with it, was dictated by a just 
concern for the interests of the country. Not long after, General 
Cass visited the Hermitage, where he had much conversation with 
its venerable possessor, whom he found, though frail and in 
feeble health, unimpaired in his faculties, and retaining that 
ardent temperament which had marked his earlier years. Among 
other topics, the removal of the deposits was adverted to, and 
General Jackson expressed much gratification when he learned 
that Mr. McLane and General Cass had become satisfied that the 
measure was a wise one. And especially was he gratified at the 
change of views in Mr. McLane, of whom he pronounced this 
high eulogium, that he had never known a man for whom he had 
more personal respect. 

The present universally esteemed Chief Justice, and his late 
associate upon the bench of the Supreme Court, Judge Wood- 
bury, added much by their characters and services to the confi- 
dence of the country in the second cabinet of General Jackson. 

As for the President, the judgment upon himself and his ad- 
ministration has been already pronounced beyond the povrer of 
IG 



242 LIFE AND TIMES 

appeal. Ilistoiy will confirm the favorable opinion of his con- 
temporaries. He carried to his high station some of the best 
qualities of our nature. Promptitude of action, vigor of intellect, 
honesty of purpose, fearlessness of purpose in a just cause, and an 
intuitive sagacity which led to correct conclusions by a process 
almost unknown to himself, — these were the elements of power 
which gave him a hold upon his countrymen second only to that 
possessed by Washington. He \vas often charged with rashness, 
with action without due deliberation. But this was a false view 
of his characteristic habits. Few men survej'ed the ground 
around him more carefully than he did. ISTo important ques- 
tion was presented to him for decision which he did not maturely 
examine, looking at its bearing and its consequences. During 
the process of forming an opinion, he often passed whole nights 
revolving the subject in his mind. He told General Cass, while 
conversing upon this subject, that his state of feeling was some- 
times painful when the matter was surrounded with difficulties 
and involved important consequences. But all this anxiety 
ceased the moment he decided upon his course ; he never went 
back in his purposes, but pressed forward to their execution 
when once resolved upon. Inquiry then gave way to action, 
and deliberation to execution. 

The AVar Department at that day embraced a wider range of 
duties than any other department. The business of the army 
proper, wuth its multiplicity of relations, in its entire circuit of 
distance and service, was large, even in time of peace, and de- 
manded tlie constant care and attention of the head of the depart- 
ment. But, in addition to this, his time was necessarily much 
occupied in the adjudication of constantly occurring and never 
ending private claims. Contracts, without number or limit, in 
the management of Indian aflfiiirs — the clearing out of river and 
harbor obstructions — the erection of breakwaters and other pub- 
lic works, it was his province to make, and he was responsible 
to the people for their execution in conformity to law. The pen- 
sion list it was his duty to supervise ; claims for extra labor and 
materials, outside of contracts, fell imder his notice to look after 
and settle. These duties — in addition to those of a more delicate 
and responsible character, as the confidential adviser of the 
President — were herculean, and calculated to try most thoroughly 
the strength of the Secretary. The disposition of the many 



OP LEWIS CASS. 2-i3 

claims, so as to do justice to all concerned, was frequently 
attended with eaiLarrassment and procrastination — insomuch, 
that it would have been strange if the individuals interested, to 
whom, of course, the case was always clear, did not sometimes 
complain and express wonder at delays, and, perhaps, sometimes 
talk of indecision and want of firmness. And to this he might 
have frequently interposed, in reply, the memorable remark of 
Lord Chancellor Eldon, when some of the London journals said 
he was too slow in cominir to his decisions — one of them remark- 
ing, that it was as easy to decide most of his cases as to tell the 
difference between black and white. " Yes," said the old Chan- 
cellor, "if they were black or white; but I find most of them 
gray P'' So it was with the Secretary. Pie found many cases 
no easier to decide off-hand, and all calling for careful investi- 
gation, in order to do justice between the government and the 
parties. This to the impatience of the latter may sometimes liave 
indicated indecision ; but to the disinterested, the only wonder is, 
that, unlike many of his predecessors, amid the performance of 
duties more primary, because more national, he left so few for 
the consideration of his successors. 

General Cass appreciated the responsibilities thus so unexpect- 
edly thrown upon him, and with a fixed determination to perform 
his whole duty, h*e brought to the w^ork all his energies and the 
experience of an active and practical mind. Accustomed, for 
thirty years, to rise early for the labors of the day, and to retire 
early for the repose of the night, he resolved to continue so to do, 
despite the calls of gayety and festivity. This w^as accomplished ; 
and, with a clear head and fresh energies, he was enabled to per- 
form more official labor and transact more official business than 
most persons in official station. The reader, however, should not 
suppose that either himself or family were unmindful of what be- 
longed to their position. None were more scrupulous in their 
observance of all the politeness which a sense of common pro- 
priety may have introduced from time to time among the visitors 
and sojourners at the capital of their country. JSTone were more 
hospitable, none were more strenuous in their efforts to make 
the society of Washington pleasant and agreeable. 

Familiar with the general affairs of the nation, and intimately 
acquainted with all that appertained to the army and the In- 
dians, — the two leading points of attention, — General Cass 



244 LIFE AND TIMES 

compreliended his duty ; mid when the time arrived fur Con- 
gress to convene, he was ready to submit tlie condition of his 
department to the President, and through him to the National 
Leaishxtnre. 

In his report of December, 1S31, he called the attention of the 
President and Congress to the necessity of certain reforms, calcu- 
lated, in his judgment, to facilitate the transaction of business, and 
give more efficiency to the arm of national defense committed to 
his care. The great question of Indian policy was niore directly 
under his control than when acting as Governor of Michigan. To 
the examination of this subject lie brought the knowledge acquired 
by the experience of many years of personal intercourse with the 
Indians. He was, therefore, fully prepared to give an extended 
view of their condition and the duty of the government towards 
them. His sentiments on the policy of removal were well known, 
and the observation of a series of ^^ears had confirmed his early 
formed opinion, that the removal of the great body of Indians to 
"the sunset side" of the Mississippi, must ultimately be consum- 
mated. This question was of momentous consequence to the peo- 
ple of the United States, and not unfrequently was the subject of 
angry discussion. Misrepresentation and recrimination against 
the justice and honor of the government were sometimes indulged 
in, in high quarters. No man was more qualified to explain the 
difficulties and perplexities, or to devise means to avoid them, than 
the Secretary. lie was, accordingly, invited by the President to 
make that subject a feature of his annual report; and he 
remarks : 

"The condition and prospects of the aboriginal tribes within the 
limits of the United States are yet the subjects of anxious solici- 
tude to the government. In some of the States they have been 
brought within the operation of the ordinary municipal laws, and 
these regulations have been abrogated by legislative enactments. 
This procedure renders most of the provisions of the various 
enactments of Congress upon this subject inoperative ; and a 
crisis in our Indian afiairs has evidently arrived, which calls for 
the establishment of a system of policy adapted to the existing 
state of things, and calculated to fix upon a permanent basis the 
future destiny of the Indians. Whatever change may be con- 
templated in their situation or condition, no one will advocate 
the employment of force or improper influence in effecting it. It 



OF LEWIS CASS. 2-15 

is due to the cliaracter of the government and the feelings of the 
country, not less than to the moral and piijsical imbecility of this 
unhappy race, that a spirit of kindness and forbearance should 
mark the whole course of our intercommunication with them. 
The great object, after satisfying ourselves what would best ensure 
their permanent welfare, should be to satisfy them of the integrity 
of our views and of the wisdom of the course recommended to 
them. 

" The Indians who are placed in immediate contact with our 
settlements, have now the alternative of remaining in their pres- 
ent positions or of migrating to the country west of the Missis- 
sippi." 

The Secretary then, in an able and ample manner, considers the 
question, whether the Indians could maintain their existence as a 
nation so long as they remained in . contiguit}" with the settled 
portions of the country; and reaches the conclusion, that removal 
from the contact of civilization is their only alternative to ensure 
perpetuity. 

" A change of residence, therefore, from their present positions 
to the regions west of the Mississippi, presents the only hope of 
permanent establishment and improvement. That it will bo 
attended with inconvenience and sacrifices, no one can doubt. The 
associations which bind the Indians to the land of their foreftithers 
are strong and enduring, and these must be broken by their mi- 
gration. But they are also broken by our citizens, who every day 
encounter all the difficulties of similar changes, in pursuit of the 
means of support. And the experiments that have been made 
satisfactoril}'- show that, by proper precautions and liberal appro- 
priations, the removal and establishment of the Indians can be 
effected with little comparative trouble to them or us. Why then 
should the policy of the measure be disputed or opposed ? The 
whole subject has materially changed, even within a few years, 
and the imposing consideration it now presents, and which is 
every day gaining new force, calls upon the government and the 
country to determine what is required on our part, and what 
course shall be recommended to the Indians. If they remain, 
they must decline, and eventually disappear. Such is the result 
of all experience. If they remove, they may be comfortably es- 
tablished, and their moral and physical condition ameliorated. 
It is certaiidy better for them to meet the difficulties of removal 



246 LIFE AND TIMES 

with the probaLilitj of an adequate and final reward, tlian, yield- 
ing to their constitutional apathy, to sit still and perish. 

" The great moral debt we owe to this unhappy race is univer- 
sally felt and acknowledged. Diversities of opinion exist respect- 
ing the proper mode of discharghig this obligation, but its validity 
is not denied. And there certainly are diiSculties which may well 
call for discussion and consideration, 

" For more than two centuries we have been placed in contact 
with the Indians, and if this long j)eriod has been fruitless in useful 
results, it has not been so in experiments, having in view their 
improvement. Able men have been investigating their condition, 
and good men in improving it. But all these labors have been 
as unsuccessful in their issue as many of them were laborious and 
expensive in their progress, 

" The work has been aided by governments and communities, 
by public opinion, by the obligation of the law, and the sanction 
of religion. But its history furnishes abundant evidence of entire 
failure, and everything around us upon the frontiers confirms its 
truth. The Indians have either receded as our settlements ad- 
vanced, and united their fragments with some kindred tribe, or 
they have attempted to establish themselves upon reservations, in 
the vain hope of resisting the pressure upon them, and of preserv- 
ing their peculiar institutions. Those wdio are nearest to us have 
generally suffered most severely by the debasing effects of ardent 
spirits, and by the loss of their own principles of restraint, few as 
these are, without the acquisition of ours ; and almost all of them 
have disappeared, crushed by the onward course of events, driven 
before them. Not one instance can be produced, in the whole 
historv of the intercourse between the Indians and the white men, 
where the former have been able, in districts surrounded by the 
latter, to withstand, successfully, the progress of those causes which 
have elevated one of these races and depressed the other. Such a 
monument of former successful exertion does not exist. 

" Indolent in his habits, the Indian is opposed to labor ; improv- 
ident in his mode of life, he has little foresight in providing, or 
care in preserving. Taught, fi'om inftmcy, to reverence his own 
traditions and institutions, he is satisfied of their value, and dreads 
the anger of the Great Spirit if he should depart from the customs 
of his fathers. Devoted to the use of ardent spirits, he abandons 
himself to its indulcrence without restraint, AYar and huntina: are 



OF LEWIS CASS. 247 

his only occupations. He can endure, without comphiining, the 
extremity of human suffering ; and if he can not overcome the 
evils of his situation, he submits to thera without repining. He 
attributes all the misfortunes of his race to the M'hite man, and 
looks with suspicion upon the offers of assistance that are made 
him. These traits of character, though not universal, are yet gen- 
eral, and the practical difficulty they present, in changing the 
condition of such a people, is to satisfy them of our sincerity, and 
the value of the aid we offer ; to hold out to them motives for 
exertion ; to call into action some powerful feeling, which shall 
counteract the tendency of previous impressions. It is under such 
circumstances, and with these difficulties in view, that the govern- 
ment has been called upon to determine what arrangements sliall 
be made for the permanent establishment of the Indians. Shall 
they be advised to remain or remove ? If the former, their fate is 
written in the annals of their race ; if the latter, we may yet hope 
to see them renovated in character and condition by our example 
and instruction and their exertions." 

The Secretary then proposed the basis of a plan for the removal 
and establishment of the Indians in their future home : 

First. — That the country assigned to them should be guaran- 
teed to them and their descendants, so long as they should con- 
tinue to occupy it, and that it should be protected from tlie 
encroachment of the settlements of the whites. 

Second. — That ardent spirits should be excluded from the new 
countrv. 

Third. — That the United States should be at all times prepared 
with sufficient force to suppress hostilities which miglit occur 
amono; the different tribes. 

Fourth. — Encouragement to severalty of property, and such 
provision for its security as might be necessary for its enjoyment, 
not afforded by their own regulations. 

Fifth. — Assistance and instruction in the prosecution of agri- 
cultural pursuits. 

Sixth. — The enjoyment of their peculiar institutions not incom- 
patible with their own safety and that of the people of the United 
States near them, and with the objects of their prosperity and 
improvement. 

Seventh. — The eventual employment of persons to instruct 
them in the acquirement of civilization. 



248 LIFE AND TIMES 

This plan was approved of hy the President, and receiv^ed the 
assent of every member of the cabinet. Congress, liowever, divi- 
ded upon it. In the end there were but few of those who devoted 
attention to the subject, that were not satisfied with the arguments 
of the Secretary of War, and believed that his views should be 
adopted. It was evident that, as a people, the Indians could not 
be civilized, and that they could not be permitted to live as an 
independent community, governed by their own regulations, 
within the limits of a sovereign State. If permitted, a conflict 
would finally occur between them and the State authorities, and, 
worse than that, between the States and the general government. 
To avoid all this, removal was the sole alternative, and to General 
Cass belonged the accomplishment of this great and humane 
measure. 

The Indians were made fully acquainted with the wishes and 
intentions of the government. No unfair dealing was permitted, 
and no coercive measures were adopted. Their agreement to 
remove was voluntary, and obtained by negotiation with them as 
beings capable of understanding their own interests. 

The Indian question was assuming a most alarming aspect at 
the commencement of the administration of the War Department 
by General Cass. It was, to a considerable degree, involved in 
party politics, and the political difiiculties attending it were 
increased by a decision of the Supreme Court of the United Statee, 
in the controversy between the Cherokees and the State of Geor- 
gia. This decision was adverse to the State, and confirmed the 
Indians in the opinion they had formed of their entire independ- 
ence of the authorities of that State. The Secretary of War 
believed that the principles upon which it was based were erro- 
neous, and, if practically carried out, would lead to the most dan- 
gerous consequences. He, therefore, in accordance with the 
request of the President, prepared a temperate review of the 
whole subject, as well to enlighten the people at large, as to pro- 
duce a favorable effect upon Congress. If the principles of the 
decision were to prevail in the final judgment of the Court, when- 
ever the naked question should be presented, whether State sov- 
ereignty was paramount as against the Indians, it was folly to 
expect a removal of the Indians in any section of the country, 
■during the present century, at least, and this apprehension M'as 
besinnino- to be felt amonc; the members of the two Houses. 



OF LEWIS CASS. 249 

The review was prepared with great care, and was read, in 
maniiscrij)t, to the cabinet. Every member coincided with the 
sentiments therein expressed, and it was publislied in the Wash- 
ington Globe, on the thirty-first of March, 1832, and filled one 
half of that paper. The Secretary was understood by the people, 
cenerallv, to be the anthor, and it immediatelv attracted univer- 
sal attention all over the country. It was highly approved by 
those who t^fiek similar views of the question, and all admitted it 
to be unexceptionable in the manner in which the investigation 
was pursued. It was then supposed, and the reader is now 
informed, that this review w^as an authoritative exposition of the 
views of the Administration upon the subject involved in the 
general incpiiry. 

This remarkable paper thus commenced : 

" It must be consolatory to every American, and in fact to all, 
wherever they may be, who regard with anxiety the progress and 
prospects of free principles through the world, that there is a san- 
itary influence in our institutions, which, if it can not prevent, 
can heal without difiiculty or danger, those maladies to which all 
public bodies are from time to time liable. In looking back upon 
the history of our career and prosperity, and the generation has 
not yet disappeared which laid the foundation of both, many 
questiones vexat appear, each of which agitated the community 
in its own brief day, and some of which, either from the magni- 
tude of the interests involved, or from the excitement that pre- 
vailed, threatened the most serious consequences to the stability 
of the government, and the prosperity of the country. But by 
the favor of Providence, one after another these have passed away, 
leaving our Union and our institutions unscathed. The present 
day is not without its own share of doubtful and difiacult ques- 
tions. Let us hope that they will be discussed in a spirit of mu- 
tual forbearance, and arranged in a spirit of mutual accommoda- 
tion. Our national motto should remind us that we have become 
one from many^ and if the example and the blessings which this 
Union has produced are to be perpetuated, we must seek, in a sense 
of interest and safety, and in a feeling of patriotism, the true 
power of cohesion. Upon the virtue and intelligence of the peo- 
ple we must rely in our seasons of danger. They have thus far 
been the ark of safety. It were presumptuous to doubt that they 
will be most efticucious when they may be most wanted. 



■ 250 LIFE AND TIMES 

" The ' Cherokee Question,' as it has been familiarly called, is 
one of those which has divided public opinion. It may be exam- 
ined without ojffense to any one, either to the State which claims 
jurisdiction, to the executive of the general government, which 
has submitted its sentiments to Congress and the people, or to the 
judicial tribunals, which have been called upon to investigate it, 
and to adjudicate cases arising under it. We propose, with that 
freedom which is the privilege of an American citizen, but at the 
same time with that respect which is due to these high authori- 
ties, to review and discuss this subject. Truth is always valua- 
ble, and it is best attained by diligent inquiry. The public mind 
will eventually decide this matter, as it has decided so many 
others, wisely and safely, and in the meantime, every contribu- 
tion, however humble, to the general stock of information, may 
be useful, and, at any rate, will be harmless. "With this convic- 
tion, we proceed to the task before us." 

The question is then stated : 

" "Without narrowing the controversy to a single point, we un- 
derstand it, in general terms, to be this : Has the State of Georgia 
a rio^ht to extend her laws over the Cherokee lands within her 
boundaries ? The consideration of this subject will lead to the 
investigation of those principles of intercourse which have been 
established between civilized and barbarous men, and to a retro- 
spect of the practice and professions of the different nations who 
have jDlantcd colonies in America." 

An historical and political examination of the whole subject 
then followed, which concluded with this summary : 

" From, this general review of the doctrine, the commentaries 
and the practice, these conclusions may be deduced : 

"1. That civilized communities have a right to take possession 
of a country inhabited by barbarous tribes, to assume jurisdiction 
over them, and ' to combine within narrow limits,' or, in other 
words, to ap])ropriate to their own use, such portion of the territory 
as they think proper. 

" 2. That in the exercise of this right, such communities are 
the judges of the extent of jurisdiction to be assumed, and of terri- 
tory to be acquired. 

" In the preceding investigation the attempt has been made to 
show that the rights of jurisdiction and soil, with such modifica- 
tions as circumstances might require, were the necessary results 



OF LEWIS CASS. 251 

of the discovery and settlement of America. The proposition 
embraces the power over persons and tilings, because these sub- 
jects are closely connected in the elementary discussions, and in 
the historical review, and because the consideration of both was 
convenient for the course of the argument. 

" But this union is not necessary for any purpose which has 
required the present examination. And in its further progress, 
the connection will be dissolved, and the inquiry will be confined 
to the question of political superiority. It will be conceded that 
the Indians are entitled, sub modo^ to all their rights of property, 
and can not be divested of these without their own consent. 

" But in the application of the general principles to the United 
States, and to the Indians in contact with them, a preliminary 
question arises, resulting from the peculiar form of government 
established in this country. Is the general controlling authority 
over the Indians vested in the federal government, or in the 
respective States?" 

The Secretary then proceeds to discuss the question, whether 
the controlling authority, under the Constitution of the United 
States, is vested in the general government, or in the respective 
State governments, within whose jurisdiction the Indians live; 
and it is remarked : 

"It is obvious that, in the solution of this question, the Indians 
have no concern. Their rights, whatever these may be, whether 
natural or conventional, are wholly independent of this inquiry. 
It is one which affects the parties to our own government, and it 
is to be decided by the Constitution which they have established. 
And whether that portion of sovereign power which regulates the 
rights and duties of the Indians, resides in the members of this 
Union, or in the united body itself, the relation which the two 
parties bear to one another will remain unchanged. 

" It may be observed, in the investigation of this subject, that 
this attribute of sovereignty once belonged to the several States, 
and still belongs to them, unless they have ceded it to the general 
government. In the constitution of the latter, therefore, this evi- 
dence of cession must be found, before the power itself can be 
exercised. 

" There are but three provisions in that instrument which have 
the remotest connexion with this subject. 

"1. The power to dispose of, and make all needful rules and 



252 LIFE .VXD TIMES 

regulations respecting tlie territory or other property of the United 
States. 

" This cLause evidently refers to territorial rights ; to the power 
/•- to control and regulate these, and not to the exercise of jurisdic- 
'^ tion over Indians living within the country claimed by thein. It 
is, at all events, inapplicable to the Cherokee country in Georgia, 
to which the United States have relinquished all their pretensions. 
Under this clause of the Constitution, Congress passed laws to pre- 
vent intrusions upon the public land ; while, at the sanae time, the 
intruders arc subject to the ordinary jurisdiction of the States 
within wdiich such lands are situated. The power to dispose of, 
and make needful rules and regulations respecting the property 
of the United. States, and the power to exercise general jurisdic- 
tion over persons upon it, are essentially different and independent. 
The former is general, and is given in the clause referred to. The 
latter is special, and is given in another clause, and confined to 
the federal district, and to ' places purchased by consent of the 
Legislature of the State in which the same shall be, for the erec- 
tion of forts, magazines, arsenals, dock yards, and other needful 
buildings. 

r-. " 2. The power ' to regulate commerce with foreign nations, and 
' among the several States, and with the Indian tribes.' 

" It will be recollected that the subject of the present branch of 
the inquiry is, where the ultimate jurisdiction over the Indian 
tribes resides. Is it given to the United States by this clause ? 
Certainly not. This is a power to regulate commerce, and not to 
exercise jurisdiction. There is no necessary connexion between 
the two subjects, and the effort, in this instance, to unite them, 
leads to the one or the other of two absurdities— either that Con- 
gress has jurisdiction over foreign nations, or that entirely dif- 
ferent meanings are to be given to the same words in the same 
sentence. The power granted is to regulate commerce with whom. 
With foreiOT nations and with the Indian tribes, and among the 
several States. Can any reasonable version be given to this sen- 
tence, by which it shall, in fact, read : — Congress shall have power 
to prescribe the mode in which commerce shall be carried on with 
foreign nations, and among the several States, and with the Indian 
tribes, and shall also have jurisdiction over the Indian tribes ? 
The greatest latitudinarian, in the construction of the Constitution, 
will scarcely contend for this interpretation. We need not stop 



OF LEWIS CASS. 253 

to investigate the meaning of the word ' reguhite.' "Whether it 
gives more or less ])c>\ver over the subject matter, or over the white 
persons engaged in the trade, it gives none over the Indians them- 
selves, unless it also gives power over the Englishman and the 
Frenchman, with whose countries our commerce may be regulated 
by Congress. But this will not be contended, and the conclusion 
is inevitable, that this 'regulation,' whether by treaty or by law, 
can give no political power and no rightful jurisdiction. It nmst 
be confined to the object to which it is limited by the Constitution, 

" And, still further, if the idea of general jurisdiction be included 
in the term ' regulating commerce,' the general government may 
annihilate the whole State laws, and bring within its own authority 
all the people and property of the country. Constructive powers 
can scarcely go beyond this. 

" After recapitulating certain provisions of the Constitution, 
which cede to the general government rights incompatible with the 
absolute sovereignty of the States, Mr. Justice McLean asks : 

" 'Has not the power been as expressly conferred on the federal 
government, to regulate intercourse with the Indians, as any of 
the powers above enumerated ? There being no exception to the 
power, (tliat of regulating the intercourse,) it nmst operate on all 
communities of Indians exercising the right of self-government, 
and, consequently, include those who reside within the limits of 
a State, as well as others.' 

" To the question here put w^e answer, ]Vo. If such provision 
can be found in the Constitution, we will agree to abandon the 
whole argument. There is indeed a provision for regulating 
commerce with the Indian tribes, but we need scarcely undertake 
to show that between commerce and intercourse there is a wide 
difference, far too wide to render them convertible terms in the 
investigation of the delicate question of conflicting jurisdiction. 
To speak logically, the former is a species, and the latter a genus. 
One existing at all times, in a greater or less degree, both in 
peace and war ; the other, like the spirit of laws, becomes silent 
amid arms. Intercourse includes commerce, but it includes, 
also, many other relations, political and personal, of which com- 
merce forms no part. 

"The Chief Justice also remarks, that 'the whole intercourse 
between the United States and this nation, (the Cherokees,) is, by 
our Constitution and laws, vested in the government of the United 



254 LIFE AND TIMES 

States. They,' speaking of the acts of Georgia, ' interfere forcibl}' 
with the relations established between the United States and the 
Cherokee nation, the regulation of which, according to the settled 
principles of our Constitution, is committed exclusively to the 
government of the United States.' 

" This, as it appears to us, is assuming the very point upon 
which the controversy turns. We can find in the Constitution no 
clause giving the United States the right to regulate the inter- 
course or relations with the Indian tribes. We ask for that clause. 
It is not to be found. We then ask for the fair deduction of that 
power from some express grant, and we are met by the opinion, 
that the exclusive control of the intercourse and relations with the 
Indians is given to the general government. 

" If this opinion is founded upon a belief that intercourse^ and 
relations^ and commerce., are synonymous, the conclusion would 
still involve us in inextricable difficulties. This regulation of 
commerce or intercourse, if it gives the United States ' exclusivck 
jurisdiction over the Indians,' gives, as we have said, exclusive 
jurisdiction over all foreign nations, and over the whole Ameri- 
can people. We surely need not pursue this subject ferther. 

" Were such an inquiry useful, it would not be difficult to show 
that there were very sufficient reasons for granting to the general 
government this power to regulate commerce, arising out of the 
situation of the various tribes, some of them extending into seve- 
ral States, and all of them powerfully affected by the influence of 
the traders, and by the supplies rendered necessary to their com- 
fort and subsistence. But it is an investigation into which we 
need not now enter. 

" 3. The power of Congress to declare war, and the power to 
make peace, furnish the only remaining authority, by virtue of 
which this jurisdiction can be assumed and exercised. 

" As no war has ever been declared by Congress against an 
Indian tribe, and as all our wars against these people have been 
prosecuted by executive authority, it is unnecessary, at present, 
to embarrass the discussion with anj' observations upon the war- 
making power. The treaty-making power includes within it the 
power to make peace. It is vested by the Constitution in the 
President and Senate. 

" Treaties in national law are compacts made between sov- 
ereigns. In monarchical governments the power to conclude 



OF LEWIS CASS. 255 

tliem is generally a branch of the royal prerogative. It is so in 
England. No treaty, in this acceptation of the term, was ever 
neo-otiated with an Indian tribe living under the dominion of the 
English Crown. jSTo ministers were ever appointed to conduct 
such a neirotiation, no instrument was ever submitted for the sov- 
ereign's approbation, nor were any ratifications ever exchanged. 
All these proceedings are essential to the constitution of a treaty, 
without which, according to modern practice, no compact can 
assume that high character, nor be construed to be a recognition 
of mutual independence. And even if they were waived, still 
the express assent of the sovereign is indispensable. 

" It is clear, from what has been before stated, that as we recede 
from the period of the discovery, the practice, if not the doctrine, 
of the Europeans, in their intercourse with the Indians, becomes 
meliorated, and humanity asserts her claims in favor of the latter. 
At first, all rights of persons and property and jurisdiction were 
disregarded. But, by degrees, the true principles of intercom- 
munication were investigated and acknowledged, and the civilized 
governments found that as much land should be assigned to the 
primitive people as was necessary for their comfortable subsist- 
ence, and that the jurisdiction to be exercised should depend upon 
their situation, disposition, and other circumstances, 

" In the Spanish laws of the Indies it is provided, that 'the 
Indians shall be left in the possession of their lands, heredita- 
ments and pastures, in such a manner that they shall not stand 
in need of the necessaries of life, and shall be allowed all the aid 
and facilities for the sustenance of their household and families.' " 

The steps taken by the Colonies to procure cessions and ob- 
tain control are stated, and then the reader's attention is directed 
to the action of the federal government under the present Con- 
stitution. 

" Upon the dissolution of the confederation, and the establish- 
ment of the present Constitution, one of the first objects of the 
new srovernment was to conciliate or subdue the Indian tribes. 
The whole inland frontier, from the lakes to the St. Mary's, was 
exposed to their incursions and depredations, and a crisis had evi- 
dently arrived demanding the most vigorous measures. Many 
of the tribes were in open hostilities, and the power of the Union 
could alone successfully contend with them. ' To provide for the com- 
mon welfare,' was one of the great objects for the accomplishment 



256 LIFE AND TIMES 

of wliicli the new o-ovcrnment was instituted. In the exe- 
cution of this paramount duty important relations necessarily 
arose between them and the Indians. Hostilities were continued 
or commenced, and it was not until the decisive victory of Gen- 
eral Wayne, in 1794, that the power of the savages was broken] 
and the ' common defense ' secured. As a necessary incident to' 
the power of 'defense' is the right to make peace, bringing into 
action the treaty-making authority, and a special jurisdiction over 
all matters fairly connected therewith, as far as they are actually 
required for the purposes of safety and as long as the general 
government is responsible for that safety ; that is, till the various 
tribes are so reduced in strength, or so improved in morals and 
habits, that the respective States may safely assume jurisdiction 
over them without calling upon Congress ' to provide for the com- 
mon defense,' when tlie j^osse comitatus may be substituted for 
a military force, and when citizens venturing to engage in hos- 
tilities will become traitors. 

''This is the only real and visible foundation upon whicii the 
power of the general government to conclude a treaty with any 
Indian tribe livino- vrithin the boundaries of a State, can rest, 
except so far as the process may be thought expedient in the pur- 
chase of their possessory right by the United States, and where 
the United States have the ultimate domain, and, consecpiently, 
the right to make ' needful rules and regulations respecting ' it ; 
and also in the 'regulation of commerce' with the Indians, if it 
is necessary and proper that this regulation should be made by 
conventional arrangements. And in either case the extent of the 
power must be limited by the objects to be attained. Neither of 
these have any connection with civil or criminal jurisdiction, and 
can therefore neither confer it upon the Indians, if they have it 
not, nor take it from the States, if it is vested in them. 

"We must, however, carefully separate the treaty-making 
power from the power to 'regulate commerce with the Indian 
tribes.' The former is given to the President and Senate, and 
the latter belongs to Congress. The authority, therefore, to make 
treaties with the Indian tribes, whatever this may be, derives no 
support from the power to ' regulate commerce,' but exists inde- 
pendently of it. 

"To prevent misconception, we may add, that, without the 
boundaries of the respective States, and within the boundaries of 



OF LEWIS CASS. 257 

the Republic, the United States have a general jurisdiction over 
the Indian tribes, as a' necessary attribute of sovereignty, and in 
conformity with acknowledged principles of the laws of nations. 

" Conceding now, what, however, is not required, that, under 
the Constitution, and for the purposes of defense and security, the 
general government had control over the Indians, that control 
must, of course, be limited by a just construction of the grant 
of power and by the duties of the government. It is not essen- 
tial to its existence or exercise, that it should include every 
' attribute of sovereignty,' and it will cease when danger is no 
longer to be apprehended, and when the ordinary civil power of 
the community is sufficient to govern and restrain the Indians. 
And the States must necessarily judge when this period has 
arrived ; when the relative strength of the parties and the cir- 
cumstances and improvement of the Indians render such a 
measure proper. The portion of jurisdiction till that time en- 
trusted to the general government may then be assumed, and 
the whole subject left to the State authorities. 

" This gradual change has taken place in almost all the original 
States, and the principles connected with it are not only obviously 
just, and such as will alone reconcile the difficulties of the subject, 
but are supported by respectable authorities. 

"'We do not mean to say,' observes the Supreme Court of 
New York, ' that the condition of the Indian tribes, at former and 
remote periods, has been that of subjects or citizens of this State. 
Their condition has been gradually changing, until thc}^ have lost 
every attribute of sovereignty, and become entirely dependent 
upon and subject to our government.' 

" At the time this opinion was delivered, there were probably 
six thousand Indians in New Fork. How many there were at 
the termination of the ' former and remote periods,' when they 
retained their quasi independence, there are no materials at hand 
for ascertaining. No doubt the number was then double. But 
the strength of the tribes constitutes only one of the elements for 
the determination of the question of incorporation. Of that, and 
of the others, each State has judged and must judge. 

" 'The condition of the Indians,' says the Abbe Eaynal, 'has 

not always been the same. At first they were seized, sold in the 

markets, and made to work like slaves upon the plantations.' 

" • In some of the old States,' says Mr. Justice McLean, 
17 



258 LIFE AND TIMES 

' Massachusetts, Connecticut, Rhode Island, and others, where small 
remnants of tribes remain, surrounded by white population, and 
who, by their reduced numbers, had lost the power of self-govern- 
ment, the laws of the State have been extended over them, for the 
protection of their persons and property.' 

" It is obvious that the limitation of the power of self government, 
here alluded to, must depend upon the opinion of the State, and 
not upon- numbers merely, for numbers are not essential to self- 
government, and, we may add, are unimportant, except so far as 
relates to their necessary defense. And it is equally obvious that 
the argumentum ah inconveuienti can not operate to divest from 
the general government, and confer upon any of the States, an 
authority given to the former, and, particularly, when such author- 
ity, if necessary, may be as well exercised by the one as by the 
other. If, under the Constitution, the United States alone have 
jurisdiction over these tribes, and if, in consequence of reduced 
numbers or other circumstances, the tribes become unable to exer- 
cise that portion of jurisdiction entrusted to them, it is for the 
United States to provide a remedy, and not for a third partj^, who, 
upon the principles assumed, have ceded all legitimate authority 
over the persons and objects. Certainly no claim of State juris- 
diction can rest upon this foundation. 

" It may be observed that, with the extinction of that portion 
of jurisdiction arising out of the duty of general defense, will also 
terminate the power of regulating commerce. That power, it will 
be recollected, is to regulate commerce with the Indian tribes^ and 
not with the Indians. They will then cease to be ' tribes,' or, to 
take the definition instead of the term, will cease to be, in the 
language of the American lexicographer, 'a body of rude people, 
united under one leader or government, as the tribes of the Six 
Nations, the Seneca tribe, in America,' and will become citizens, 
with such 'privileges and disabilities as the laws of the respective 
States may provide.' Having endeavored to sliow the general 
nature of the jurisdiction over the Indian tribes, and that, in the 
United States, that jurisdiction belongs to the several State gov- 
ernments, whensoever and howsoever they may choose to exercise 
it, it is necessary now to inquire how far the exercise of this right, 
by the State of Georgia, is controlled or prohibited by any conven- 
tional arrangements made with the Cherokee Indians. If the 
general government has entered into engagements inconsistent 



OF LEWIS CASS. 259 

with this riL!;ht, and if such engagements were within the scope of 
its legitimate authority, nothing remains but to regret these stipu- 
lations and to execute them, even if they perpetuate the inconve- 
niences which must attend the permanent establishment of the 
Indians in their present places of residence. If, on the other hand, 
the United States have contracted obligations which they can not 
fulfill without a violation of preceding and paramount duties, they 
must then compensate the Indians, who are the injured party, to 
their full satisfaction, unless their demand is, upon the face of it, 
exorbitant and unreasonable. If it is, the commutation should be 
measured by the party thus involved in con trad ictor}' obligations, 
in a spirit of liberality, and tendered with a full explanation of 
the circumstances. We think, however, it will be found that 
neither of these alternatives is before us, but that all the compacts 
made with the Indians may be executed fairly and in good f\xith, 
and consistently with the jurisdictional authority of the State of 
Georgia. 

" The extension of the laws of the respective States over the 
Indians involves their personal and political rights. The former, 
under any state of things, will no doubt be amply secured, and 
all proper rights and remedies extended to them. How far they 
shall participate in political privileges, must depend on their 
advancement in improvement and knowledge. "While passing 
through that probationary situation which their previous habits and 
circumstances have rendered necessary, they must remain in the 
state of ' pupilage ' described by Judge Kent. And without 
suffering the question to be influenced by pre-conceived notions, 
not applicable to the relations of the parties, nor by those roman- 
tic delineations of Indian character and condition, more creditable 
to the heart than the judgment, which have misled many worthy 
men, let us inquire what must be the actual effect of subjecting 
to the ordinary jurisdiction of the laws, those tribes which have 
already commenced the great career of improvement, and made, 
as is represented, such progress as to qualify them for the task 
of self-government. To one who is ignorant of the controversy 
which has recently arisen out of this subject, the answer will 
appear disproportioned to the fearful consequences which, it is 
apprehended or alleged, will result from this change. These half- 
civilized Indians will hecome suhject to the common lav) of 
England^ with such temporary disabilities as the respective State 



2G0 LIFE AND TIMES 

legislatures may impose, till they are prepared by education and 
habits for its full enjoyment. And is not this preferable to their 
present system of polity ? All history teaches that no free gov- 
ernment can exist among half civilized people. It must become 
a despotism, ruled by one or a few. And if we are not wholly 
misinformed, the experience of our own Indian tribes confirms the 
o-eneral lesson. If the southern Indians have made those advan- 
ces in improvement which many so confidently assert and believe, 
they can not be injured by the operation of just laws. If they 
have not, they are unfit for the task of self-government, and to 
become the founders of an independent state." 

The Secretary then proceeds to an elaborate examination of the 
question, whether the form of the treaties and stipulations, and 
the descriptive epithet, " nation," applied to the Indians, are a 
full recognition of their independent position, precluding the gen- 
eral government from denying the legitimate consequences flow- 
ing from such admissions. He clearly establishes, by authority 
and argument, that they are not, and terminates this branch of 
the controversy with this potential observation : 

" We can not express the true doctrine as well as it was 
expressed at Ghent, where this very objection was urged, and 
pertinaciously repeated. 'The treaty of Greenville,' say the 
American Commissioners, ' neither took from the Indians the 
right which they had not, of selling lands within the jurisdiction 
of the United States to foreign governments or subjects, nor ceded 
to them the right of exercising exclusive jurisdiction within the 
boundary line assigned. It was merely declaratory of tlie jpvhl'ic 
law in relation to the 2)Cirties, founded on jprinciples jpremoiidy 
and universally recognized^ 

" The position of the Indians is no doubt anomalous. Europe 
presents nothing similar. To demand that the principles of inter- 
course which have been adopted, shall be reconciled with the 
received maxims of public law, wdiich govern the relations of 
civilized and independent nations, is to reject the universal prac- 
tice of all governments who have founded colonies in the new 
world, and is to sacrifice the true interests of society to a defini- 
tion and a deduction." 

Approaching the material inquiry in this great case, namely, 
whether the treaties with the Cherokees contain stipulations incom- 
patible with the exercise of jurisdiction by the State of Georgia 



OF LEWIS CASS. . 2G1 

over them, the Secretaiy, examining the entire field of controversy, 
commencing with the treaty of Holston, in 1731, and terminating 
with that of Tellico, in 1798, which was the last treaty, prior to 
the execution of the compact between the United States and 
Georgia, in 1802, announces the irrefrao:able conclusion, that the 
relations of the o-encral government with the various Indian tribes 
livino; within the boundaries of the United States, do not extend to 
prevent the legislatures from subjecting those Indians, whenever 
they please, to the operation of State laws. 

Thus far, he had discussed the rigJds of the several parties. He 
now leaves that field, and briefly considers the expediency of 
their just exercise, on the part of the legitimate authorities. 

"In the previous discussion we have confined ourselves to the 
question of right, avoiding all those considerations which render 
it expedient that these Indians should remove to the country, west 
of the Mississippi, assigned for their permanent residence. No 
false philanthropy should induce us to wish their continuance in 
the situation they now occupy. The decree has gone forth ; it is 
irreversible, tliat the white and the red man can not live together. 
He who runs may read. He may read it in the past and in the 
present, and he may discern it in the signs of the future. With- 
out attempting to investigate the causes, moral and physical, 
which have enacted this law of stern necessity, it is enough for 
our present purpose to know that it exists, and to feel that its pen- 
alty is destruction to one of these parties ; a penalty only to be 
avoided by their migration beyond the sphere of its influence. 
The longer this salutary measure is delayed, the greater will be 
the injury to them. Their state of excitement and uneasiness will 
continue, the collisions and difiiculties with their white neighbors 
will multiply, and surrounded, as they must be, with dishearten- 
ing troubles, their habits and prospects may be wrecked in this 
hopeless conflict. Had they not better go, and speedily ? Go to 
a climate which is known to be salubrious, to a country fertile and 
extensive; beyond their wants now, and for generations to come; 
and to a home which promises comfort and permanence. 

" Can they expect to maintain their present position ? To estab- 
lish an independent government, having undefined and undefina- 
ble relations with the State of Georgia ? To add another hnpermm 
in imperio to our complicated system? Such an expectation 
appears to us vain and illusory, practically unattainable, and 



2G2 LIFE AND TIME3 

fraught with their destruction if it could be obtained. They 
would be exposed to the operation of all those evils which have 
swept over their race, as the fatal simoon, the blast of death, 
sweeps over the desert." 

Thus was the ability and discretion of General Cass displayed, 
at this signal period of the Indian controversy. This review — 
in fact, as the reader was apprised a few pages back, a state paper 
— was a luminous and powerful refutation of the doctrine of the 
Supreme Judicature of the land. He dissented, not as a faction- 
ist resisting authority, or as a sciolist unable to comprehend it, 
but as a j^atriot, a jurist and a scholar. Its effect upon the public 
mind was prodigious, and the signs of returning reason, on this 
vexed subject, to many of the accomplished intellects in Congress, 
were unmistakable. 

The policy of the administration prevailed, and to the Secre- 
tary of War belongs the glory, as its efficient, learned, and 
enlightened expounder and defender. Congress appropriated iive 
hundred thousand dollars for the removal of the Indians from 
Georgia, Alabama, and other States, to a territory west of the 
Mississippi, without the limits of any State or organized territory, 
and belongins: to the United States. The Indians were removed, 
under every humane care, to places better fitted for their future 
homes; the high claim of Georgia to be sovereign within her own 
borders w-as fully vindicated against those disorganizing counter- 
])rinciples, subversive of the first elements of civilization that 
would have denied it ; and with such an approving voice did the 
})cople of Georgia regard the conduct of General Cass, that the 
Legislature of that State unanimously named a county after him, 
which, since its creation, has been noted for its undeviating 
adherence to the cause of the Democratic Republican party. 



OF LEWIS CASS. 263 



CHAPTER XYIL 

Black Hawk War— Peace— Treaties of cession with Winnebagocs. Sacs and Foxes— General Cass' efforts 
to effect Reforms in the Army— The United States Bank— Nullification— Letters to General Scott— 
The action of South Carolina— Letter to Mr. Ritchie— The Virginia Legislature— The Mission of Jlr. 
Leigh— The happy Termination. 

In tlie summer of 1832, the aggressions of tlie Sac and Fox 
tribes of Indians were daring and extensive — so much so as to 
demand the interposition of the government. The Secretary of 
War was too well versed in Indian character, and their invariable 
mode of warfare, not to adopt prompt and active measures for 
their subjugation and punishment. The Indians were under the 
lead of a noted chief, called Black Hawk, and personally known 
to General Cass. 

The executives of the States of Missouri, Illinois, and Indiana, 
and of the Territory of Michigan, co-operated zealously and effi- 
ciently in the protective measures of the department. The regu- 
lar troops in the vicinity of the theater of hostilities were concen- 
trated under Brigadier General Atkinson, and brought into the 
field ; and the militia of Illinois, and that part of the Territory of 
Michigan exposed to danger, promptly repaired to the defense of 
the frontier. Such was the nature of the warfare and of the 
country, that it was difficult immediately to protect the long line 
of scattered settlements, and to bring the enemy into action. As 
a precautionary measure, and to place the result of the campaign 
as far beyond the reach of accident as possible, the garrisons at 
some of the posts upon the seaboard, and npon the lakes, were 
ordered to Chicago, under the command of Major General Scott, 
to co-operate with the force already employed under Brigadier 
General Atkinson. The troops moved with the greatest despatch 
— one of the companies reaching Chicago in eighteen days from 
Old Point Comfort, a distance by the route necessarily traveled of 
more than eighteen hundred miles. At this place they met a foe 
far more to be dreaded than their Indian foe, and their hopes 
were suddenly arrested, when highest, by that worse than Athen- 
ian plague — the cholera; and probably few military expeditions 



264 LIFE AND TIMES 

have presented scenes more appalling in themselves, or calling 
for the exercise of greater moral courage. The occasion, however, 
was met by General Scott, the commanding officer, in a manner 
worthy of his higli character; and the example whicli he gave to 
the American army, in tliat trying period of responsibility, is not 
less important than was his gallant bearing in the presence of the 
enemy at Lundy's Lane and Bridgewater. The mortality was 
great; and of about fifteen hundred officers and men of the reg- 
ular troops ordered to that frontier, not less than two hundred fell 
victims to the pestilence. 

The United States soldiers stationed in the vicinity of the scene 
of outrage, to2;ether with the militia from the State of Illinois and 
of the western part of the Territory of Michigan, were concentrated 
under the command of General Atkinson, and marched to the 
locality of the enemy. When they reached the spot where it was 
supposed Black Hawk and his forces were encamped, it was found 
that the Indians had withdrawn upon their approach. General 
Dodge was dispatched in pursuit. He overtook them on the eve- 
ning of the twenty-first of July, and engaged in battle with a band 
of about three hundred Sacs, at a place called Petit Eoche, near 
the Wisconsin river, and about tliirty miles from Fort Winnebago. 
The Indians retreated towards the river, after fifty of their number 
were killed. On the twenty-seventh and twenty-eighth of July, 
General Atkinson, with thirteen hundred men, crossed the Wis- 
consin, and followed the trail of the enemy until the second day 
of August, when they came up with the main body of the Indians 
on the left bank of the Mississippi, opposite the mouth of the Iowa 
river. A battle ensued, in which the Indians were routed and 
driven from their position. One hundred and fifty of them were 
killed, as reported to the War Department. The residue crossed 
the river, and fled into the interior of the country. The Indians 
were completely vanquished. Black Hawk, with his family, and 
the Prophet, his brother, were not among the conquered. It 
turned out to be the foct, that they had fled up the Mississippi, 
and sought refuge among the Winnebagoes, who, in a short time, 
brought forth Black Hawk and the Prophet, and delivered them 
up to the army. 

The ample and efi'ectivo arrangements, under the direction of 
the War Department, were prompt and judicious, and probably 
saved the country from the expense and horrors of a protracted 



OF LEWIS CASS. 265 

Indian war. The campaign terminated in the unqualified submis- 
sion of the hostile party, and in the adoption of measures for the 
permanent security of the frontier. Black Hawk and the Prophet 
— the real instigators of the troubles — were delivered to the Presi- 
dent, and were, for some time^ held as hostages for the faithful 
observance, on the part of the Indians, of their treaty stipulations. 

Treaties of cession were formed with the Winnebagoes, and with 
the Sacs and Foxes, under the direction of the Secretary of War, 
by which the title of the former was extinguished to all the country 
south of the Ouisconsin and east of the Mississippi, and the title 
of the latter to an extensive region west of that river. These ces- 
sions were highly important to the peace and security of that 
distant frontier, and were, in a short time, followed by such settle- 
ments as placed it beyond all danger from the aggression and 
hostilities of their Indian neighbors. The result of the Black 
Hawk war, as it is commonly called, was a severe lesson, and 
attended with the sacrifice of life, but it insured the preservation 
of tranquillity, and rendered a resort to similar measures, on the 
part of tlie United States, unnecessary. 

The Secretary of "War, in his annual report of this year, recom- 
mended many salutary reforms in i\\Q j)€rsonnel of the army. Well 
aware, from his own experience and observation, that much good 
might be effected for the soldier while on actual service, and for 
his own welfare in time of peace, by a slight attention, on the part 
of the head of the department, to apparently trivial evils, he did 
not consider it a condescension, but a duty, to point them out and 
name the remedy. In the subsistence of the army he had made 
an important change, which he believed wonld prove salutary to 
the health and morals of the troops. In lieu of the spirituous 
liquor, which had composed a part of each ration, a commutation 
had been established, by which its value was paid to each soldier 
in money, but, at the same time, he had permission to purchase 
the article from the sutler of the post. General Cass modified 
this regulation, substituting coffee and sugar for the money. Four 
pounds of coffee and eight pounds of sugar were directed to be 
issued with every one hundred rations, and thus increasing the 
expense of the army subsistence to a sum of about six thousand 
dollars. Simultaneously with this arrangement, a regulation was 
adopted prohibiting tlie sale of spirituous liquor by the sutlers to 
the troops, or its introduction, under any circumstances, into the 



2G6 LIFE AND TII\[ES 

A forts and camps of the United States, with the exception of hospital 
stores, and of tlie quantity necessary to issue under that provision 
of the law which allows an extra gill to every soldier engaged in 

^ fatigue duty. As tliere was no authority vested in the executive 
to dispense with this issue, the Secretary asked Congress to inter- 
pose the necessary remedy. lie believed that the great cause of 
public morals, as well as the discipline and efficiency of the army, 
would be promoted by an entire abolition of these issues. He 
stated that an addition of three cents to the sum allowed for extra 

/ daily labor, would be more than an adequate pecuniary compen- 
sation for the deprivation recommended, and would increase, but 
in a very inconsiderable degree, the public expenditure. He con- 
tended that to habits of intemperance might be traced almost all 
the evils of our military establishment, and that it was high time 
that an enemy so insidious and destructive should be met and 
overcome ; that all palliatives be abandoned, and that a system 
of exclusion, entire and unconditional, be introduced and enforced. 
He developed the advantages to be derived from a thoroughly 
disciplined mounted force, and urged an increased and more effi- 
cient organization of the Topographical Corps. In advance of 
public opinion he abolished the custom of parade and inspection 
on the Sabbath, thus enabling the troops to observe the day more 
in accordance with its sacred duties; and recommended that a 
suitable building be provided at West Point, as a place of public 
worship, so that the pupils of the academy might have the benefit 
of religious instruction. These recommendations, at first view 
apparently of inconsiderable moment, have been mostly adopted, 
and were productive of important results. 

But, during the year 1832, General Cass had other and higher 
duties to perform, as one of the confidential advisers of the Pi-esi- 
dent. The question of a re-charter of that mammoth financial 
institution — the United States Bank — was before the authorities 
of the nation. It had become incorporated into and constituted 
the leading and controlling topic in the politics of the country. 
Having an unbounded credit, with branches in all quarters of the 
Union ; possessed of large pecuniary resources, and wielded by 
sagacious and never-tiring managers ; defended and advocated by 
the massive minds of such men as Henry Clay and Daniel Web- 
ster in the Senate, and citizens of wealth, distinction, and influence, 
in every nook and corner of the land ; appealing, with unblushing 



OF LEWIS CASS. 267 

effrontery, to the basest passions of which man is susceptible ; and, 
bj its recklessness of management, in too many instances, giving 
cause for the suspicion, that its agents were read}-, with unscru- 
pulous gifts and largesses, to subsidize the ballot boxes oi" the 
people ;— this monster power had made its way through the legis- 
lative halls of Congress, and now, with all the swaggering audacity 
of the brigand in some lonely recess of the Alps, approached the 
chief magistrate of the nation, in the honest discharge of his 
executive functions at the presidential mansion. 

Never was an administration so peculiarly situated. Questions 
were looming up in the distant horizon, that threatened the dis- 
ruption of the confederacy of republican States. It was supposed 
that the President, as the representative of the democratic party, 
could not approve of the bill. When this bank was originally 
chartered, finance was disordered and credit depressed ; when it 
was re-chartered at the close of the second war, the State banks 
had deprived the people of a currency ; and in both instances, 
the constitutional objections to its existence were lost sight of in 
the desire to secure temporary relief. But now the exigencies 
which had called it into existence, and once renewed the lease, 
had ceased, while the objections to it subsisted in increased force. 
Democrats who never believed that such an institution could be 
tolerated under a democratic construction of the Constitution, 
now renewed their objections to its re-charter. And as for the 
fiscal service it rendered to the government, they rightly believed 
that such service could conveniently, and with far more virtue 
and safety, be performed by a government agency, to be called 
an Independent Treasury. But its friends flattered themselves 
with the fallacious hope that the action of many members of that 
party in Congress, together with the recurrence this year of the 
presidential election, would remove from the President's mind 
the objections he entertained, and induce him to acquiesce. 
Unfortunately for themselves, they had overlooked the fact that 
the watch-tower of the Republic was tenanted by a man of 
lofty patriotism and inflexible purpose, unafiected by intimida- 
tion, clamor, or blandishment, and as for gold, that the whole 
kinofdom of nature did not contain enough to debauch his incor- 
ruptible heart. With characteristic firmness, advised and sus- 
tained by the united voice of his cabinet, he interposed the power 
of his veto, under the Constitution, and, in respectful terms, 



268 LIFE AND TIMES 

returned the bank charter to the House of Legislation in which 
it originated. 

After the adjournment of Congress, South Carolina considering 
lierself aggrieved by " the acts and parts of acts of the Congress 
of the United States, purporting to be laws imposing duties and 
imports on the importation of foreign commodities," and particu- 
larly by " two acts for the same purposes, passed in May, 1828, and 
Julv, 1832," threatened secession from the Union, and be^an to 
make preparations to resist the operation of those laws within her 
limits. A convention assembled in that State, on the nineteenth 
of November, 1832, and passed an ordinance which declared all 
the acts of Congress imposing duties on imported goods, more 
especially the laws of May, 1828, and July, 1832, to be null and 
void within the limits of South Carolina, and the Legislature 
authorized the governor to call out the militia to resist any 
attempt on the part of the government of the United States to 
enforce the revenue laws. 

These proceedings on the part of that State, brought on an issue 
between the State and the federal government that could not be 
neglected. The very existence of the latter depended upon its 
decision. A single State had set at defiance its authority, and 
declared that no umpire should be admitted to decide between 
the contending parties. The federative principles of the Consti- 
tution, and the whole authority of Congress and the federal 
judiciary, were put in issue by this question. This movement 
received the support of Mr. Calhoun, General ITayne, and, indeed, 
of all her master minds. They expected that it would be counte- 
nanced by other southern States, and however unwillino: the lead- 
ers might be to destroy the Union, still experience had too clearly 
shown the difliculty of restraining an excited peo])le, not to create 
apprehension as to the result of these efforts to discard the author- 
ity of the general government. 

The nnilifiers asserted that the federal Constitution was a com- 
pact between the people of the several States as distinct and 
independent sovereignties, and not between the people of the 
United States at large ; that when any violation of the letter or 
spirit of that compact took place, it is not only the right of the 
people, but of the State legislatures, to remonstrate against it, and 
that the federal government was responsible to the people when- 
ever it abused or injudiciously exercised powers entrusted to it, 



OF LEWIS CASS. 2G9 

and that it was responsible to the State legislatures whenever it 
assumed powers not conferred. 

In tliis state of the case, the administration considered that the 
path of duty for it to pursue was plain, and determined at once 
to bring this question of nullification to an issue. With this view, 
the Secretary of AVar assembled all the disposable military force 
of the United States at Charleston. The proclamation of the 
President was issued, placing the powers of the general govern- 
ment on the broad ground that the federal judiciary was the 
only proper tribunal to decide upon the constitutionality of its 
laws, and to enforce the revenue acts with an entire disregard 
to the pretended rights of sovereignty assumed by South Carolina. 

As coming more immediately within the province of the War 
Department, it became necessary for General Cass to conduct the 
correspondence. His instructions to the commander of the Uni- 
ted States troops were dignified and appropriate, and although 
positive as to the rights and duties of the general government, he 
was scrupulously mindful of State rights, and his language for- 
bearing and conciliator}'. He was impressed with the grave 
importance of the question, and with the mournful aspect it had 
given to the political horizon of America. 

The cautious forbearance of the Secretary, as well as his unal- 
terable determination to forward the true interest of the nation, 
fully appear in the following letters to Major General Scott. 

(Confidential.) 

" Washixgtox, Nor. 18th, 1832* 

"Sir: — ^The state of affairs in South Carolina has occasioned 
much solicitude to the President, He indulges the hope that the 
intelligence and patriotism of the citizens will prevent any infrac- 
tion of the Constitution and laws of the general government. 
But while he anxiously looks for this result, he deems it possible, 
from the information he has received, that, in the first efferves- 
cence of feeling, some rash attempt may be made by individuals 
to take possession of the forts and harbor of Charleston. The 
possibility of such a measure furnishes a sufficient reason for 
guarding against it, and the President is therefore anxious that 
the situation and means of defense of these fortifications should 
be inspected by an officer of experience, who could also estimate 
and provide for any dangers to which he may be exposed, &c. 



270 LIFE AND TIMES 

" Your duty will be one of great importance, and of great 
delicacy. You will consult freely and fully with the Collector 
of the port of Charleston, and with the District Attorney of 
South Carolina, and you will take no step, except what relates 
to the immediate defense and security of the posts, without their 
advice and concurrence. The execution of the laws will be 
enforced through the civil authority, and by the mode pointed out 
by the acts of Congi-ess. Should, unfortunately, a crisis arrive, 
when the ordinary power in the hands of the civil officers shall 
not be sufficient for the purpose, the President will determine the 
course to be taken and the measures to be adopted. Till, there- 
fore, you are otherwise instructed, you will act in obedience to 
the legal requisitions of the proper civil officers of the United 
States. 

(Signed,) " Lewis Cass." 

•' Department of War, \ 
"Washington, December 3d, 1832. j 

" Sir: — Your letter of the 27th ult. has been received and laid 
before the President. lie is pleased at the discretion and judg- 
ment manifested by you. 

" The course of the government will be regulated by the prin- 
ciples stated in the personal interview I had witbyou. I can not 
but hope the good sense and patriotism of the citizens of South 
Carolina will still prevent an occurrence which would make it 
necessary to enforce the ordinary act recently passed by the con- 
vention of that State. In any event, the President will perform 
his duty, under the Constitution and laws of the United States. 

(Signed,) " Lewis Cass." 

"Department of War, "1 

"Washington, January 26th, 1833. / 

" Sir : — All your dispatches have been communicated to the 
President, and your general views and proceedings have been 
approved by him. The three orders to which you specially refer, 
'I shall briefly advert to. 

" It is the most earnest wish of the President that the present 
unhappy difficulties in South Carolina should be terminated 
without any forcible collision, and it is his determination, if such 
collision does occur, it shall not be justly imputable to the United 



OF LEWIS CASS. 271 

States. He is therefore desirous that in all your proceedings, 
while you execute your duty firmly, you act with as much discre- 
tion and moderation as possible, and this course he has never 
doubted you will adopt. Self-defense is a right as much belong- 
ing to military bodies as to individuals, and officers commanding 
separate posts are responsible, at all times, for their defense, and 
are bound to use all due precaution to avoid danger. If a body 
of men approach Sullivan's Island with apparent hostile views, 
it will be proper to pursue the course indicated by you to Colonel 
Bankhead — that is, to warn their commanding officer to retire, 
and to inform him of the course which you will be compelled to 
adopt, in the event of his continued approach. Shouiiiyiis warn- 
ing be ineffectual, and the armed body attempt to kind, you will 
be justified in resisting such attempt. But, before this unfor- 
tunate alternative is resorted to, I rely upon your paft-ibtism and 
discretion to endeavor, by all reasonable and peaceable means, to 
induce any such armed body to abandon their enterprise. The 
subject is committed to you, in the full conviction that while you 
discharge your duty as an officer, you will be mindful of the 
great delicacy of the subject, and the anxiety of the President to 
avoid, if possible, a resort to force. But, whatever the just rights 
of self-defense require, must be done, should a case occur involv- 
ing such a question. 

(Signed,) " Lewis Cass." 

This correspondence is the key to the action of the administra- 
tion on the grave issue at stake between the federal government 
and one of its members. It will be perceived that the sovereignty 
of the State was not to be invaded in any event ; but that its 
power was invoked to see that the laws of the land were enforced. 
If individuals interposed obstacles to their execution, they were 
to be treated as trespassers, and dealt with accordingly. If, in 
that contingency, the State authorities declined to act, then the 
federal government would with promptitude exercise its reserved 
rights. 

The President, however, could not shut his eyes to the stubborn 
fact, that clouds, portentous of trouble, darkened the Southern 
skies, which might end in collision, bloodslied and rebellion. The 
newspapers teemed with inflammatory articles ; turbulent assem- 
blages of the people were constantly being held ; and violent, 



272 LIFE AND TIMES 

treasonable speeches delivered, calculated, if allowed to go on 
unchecked, to subvert all order and good government, and, spread- 
ins: to other States, terminate in a dissolution of the Union. It 
was evident that South Carolina awaited the co-operation of all 
south of the Potomac. Some of the leading organs of the Demo- 
cratic iDartj began to evidence weakness and vacillation, and 
paused to calculate the value of the Republic. AVeak-minded 
men were appalled, and grew timid. Patriotism, in manv unex- 
pected quarters — the American citizen of to-day will blush to 
hear — was ebbing, and no one could foresee how soon its last 
wave would recede from the land of Washington. 

The LogiBlature of South Carolina acted as if the bond of glo- 
rious memory was already sundered. Steps were taken to re- 
organizejier militia and prepare for active hostilities. ITer citi- 
zens were to be classified from sixteen years of age and upwards, 
and placed upon a war footing. The governor was directed to 
purchase ten thousand stand of small arms, with the necessary 
accoutrements ; and eifective means provided to procure all the 
munitions of war. This was something else than mere bluster 
and bravado. It indicated that a lion-hearted spirit was aroused 
in all her borders, ready to burst into an uncontrollable tempest 
of treason. No one could say what the next month, week or day 
might bring forth ! And has it come to this ? might the President 
well have exclaimed, — that mv own dear native State shall be the 
first to raise her parricidal arm to strike down in blood the sacred 
flag of liberty ! He would make one more effort to stay the im- 
pending storm ; and casting about for some other member of the 
confederacy to interpose her kind offices in this great extremitj', 
his eyes fell upon Virginia — the mother of them all. Could she 
forbear to use all the influence to which she was entitled ? Would 
she stand aloof and wait till the hurricane of disunion swept the 
fair fields of the Palmetto, as it surged madly onward to the Gulf 
and the Mississij^pi ? Could she not throw herself between the 
contending parties, and contribute whatever of moral force she 
miii-ht exert to save the Union and avert the calamities of 
nullification? 

In a dav or two, under date of December 13, 1832, the follow- 
ing article appeared in the editorial columns of the Richmond 
Enquirer — then the loading political paper in all the South : 

'•These reflections have been suggested to us by the news of 



fro 



OF LEWIS CASS. 27S 

yesterday, and by a letter we have received from one of the ablest 
men in tlie country. We ask his pardon for laying extracts from 
it before the Legislature, Tteepinrj his name strictly to ourselves. 
The members of the Legislature will weigh them for what they 
are worth. From the high character of their author — from the 
deep importance of the subject — from the momentous crisis which 
we are approaching, we respectfully think them entitled to serious 
attention. Kow '« the day^ and noio '« the hour. 

"Extract of a Letter from Washington. 

" ' The impending crisis is a fearful one. What is to be the 
result? The question is before me day and night. As you have 
justly observed, we are between Scylla and Chary b^is. If the 
o-eneral government succeed, is there not reason to fear that State 
riirhts will -be in danger, and that the federal arm will become too 
strong at some future period ? On the other hand, if South Caro- 
lina succeed, either in the project of nullification or in that of se- 
cession, the Union is virtually dissolved, and we shall follow the 
fate of the other republics that have checkered the eventful map 
of history. What, then, is to be done ? If South Carolina pro- 
ceeds as she has begun, the shock must be met, and our institu- 
tions may be demolished in the conflict. There is scarcely time, 
even were this Congress perfectly well disposed, to settle such a 
question between now and the first of February next ; and. if there 
were, it is not in human nature that the whole protective system, 
enormous as it is in its application, should be instantaneously 
abandoned. And this, and this alone, would satisfy the South 
Carolina politicians ! Under these circumstances, it has occurred 
to me that Yirginia might interpose most eflicaciously, and add 
another leaf to the wreath which adorns her civic chaplet. Sup- 
pose the Legislature should appoint a committee of four or five of 
the most eminent citizens to proceed to South Carolina and to en- 
treat her convention and her Legislature to recall her late steps, 
and at all events to delay her final action till another trial is made 
to reduce the tariff'. Possibly the measure would be more cer- 
tain, if Yirginia should call upon North Carolina, Georgia and 
Alabama to appoint similar committees to meet hers at Columbia, 
and to join in the good work. In all political fermentations, time, 
if not a positive cure, is almost sure to lead to one. Sujjpose Yir- 
ginia, too, should address Congress in one of those forcible 
18 



274 LIFE AND TIMES 

appeals slie so well knows how to make, and urge an immediate 
commencement as well as a great reduction of the tariff, stating 
all the great considerations which require it, and should, at the 
same time, address the State of South Carolina, as a sister suffer- 
ing under the same system, and entreat her, out of regard to Yir- 
ginia, to the other Southern States, to the integrity of the Union, 
and, in fact, to the cause of free government through the world, 
to delay her action, and to try to procure a modification of the 

tariff, &c. 

'"Would not the result be favorable? At any rate, is there 
not such a probability of it as to justify the attempt? Events are 
pressing so rapidly upon one another, that we hardly know what 
the next hour will produce ; of course, no time is to be lost. The 
times are jTOrtentous ; and satisfied I am, that if Virginia does 
not put her shoulder to the wheel, our fate hangs b.y a thread. 
The President will do all that wisdom, firmness and integrity can 
effect ; but still, without zealous aid from real friends, even he 
may not be able to carry us through unscathed.' " 

The letter above referred to was written by General Cass, by 
the request of the President, and addressed to Thomas Eitchie. 
It speaks for itself; and scarcely had it been published, when and 
on the same day, the committee of the Legislature of Virginia, to 
whom the whole subject of the tariff" had been referred, took up 
the mission suggested, and after various propositions had been 
duly weighed, both in the committee and in the Legislature — 
after lono- debates and various amendments had been made — the 
whole matter terminated in a series of resolutions worthy of the 
calm, considerative, prudent, but firm character of the Old Domin- 
ion, and in electing Benjamin Watkins Leigh as a Commissioner 
to the State of South Carolina. 

Mr. Leigh accepted this delicate and responsible post, and went 
forth on his mission of peace. He was received with distinguished 
honors by Governor Hayne, by General Hamilton, and all the 
authorities of South Carolina. The Legislature and the conven- 
tion were called together to meet him. He addressed them in the 
spirit of peace, and appealed to them as the sons of the land of 
Marion and Sumpter. His voice was not unheeded. The positive 
action of Virginia produced a deep impression upon the public 
mind of the South, and exercised a controlling influence in con- 
tributing to the suspension of the ordinance of nullification, in 



OF LEWIS CASS. 275 

inducing South Carolina to panse, and in giving peace to the 
country. 

The movement of the administration to compass the interposi- 
tion of Virginia, was a masterly stroke of policy, and dictated by 
the purest patriotism. The great object in view was effected with- 
out the expenditure of blood or treasure; and to no one — save the 
President — are the people more indebted than to the Secretary 
of War, who, with pride, shared the manly, vigorous and triumph- 
ant resistance by which the usurpations of South Carolina were 
thus encountered and prostrated. 



276 LIFE ^ND TIMES 



CHAPTER XVIII. 

General Cass calls the attention of Congi-css to Intemperance in the Army — Richard M. Johnson moves 
formation of National Temperance Association — State of society in Washington — General Cass 
invited to deliver an Address in tlio Capitol— Accepts— Extracts from the Address— Entire interdic- 
tion — Gc.'iieral Jackson Ke-inausurated — General Cass offers to vacate — General Jackson refuses 
permission — The Alabama trouble — Letters. 

Tlie Secretary of "War liaving broiigLt to the attention of Con- 
gress, in bis annnal report, the subject of intemperance in the 
army, many members of Congress, awakened still more to the 
importance of giving a good example to their countrymen, pro- 
posed an assembly of public men in AVashington, for the promotion 

OF THE CAUSE OF TEMPERANCE IN THE UNITED STATES. 

Upon the application of Richard M. Johnson, member of Con- 
gress from Kentucky, the House of Representatives granted the 
use of the hall for the purposes of the meeting. It was held on 
the evening of the twenty-fourth of February, IS 33, and was the 
first of the kind that had ever been held at the Federal Capitol. 

On motion of Felix Grundv, United States Senator from Ten- 
nessee, the Secretary of War was called to the chair, and invited 
to introduce the proceedings of the evening, and to explain the 
objects of the assemblage, and the views and motives of those who 
had called it. He did this with less reluctance — even in that hall 
of legislation — because the evils of intemperance had passed, like 
the blast of the desert, over the land. Experience, during the 
preceding year, had furnished a memorable lesson on this inter- 
esting subject. That desolating pestilence — the cholera — borne 
on the wings of the wind, had traversed the Old Continent from 
the frontiers of China to the western limits of Europe ; it had 
passed the ocean which separates the hemispheres, and with it 
had come despair and death. But with it also came the triumph 
of temperance. For, though many a sacrifice was made among 
the virtuous and exemplary, still the stroke had fallen chiefly ujwn 
those whose constitutions had been impaired by habitual indul- 
gence, and who were thus prepared for the disease. 



OF LEWIS CASS. 277 

General Cass was willing to give his fellow citizens the benefit 
of his example and views — having abstained all his life from the 
use of spirituous liquors. Whilst he had not been an enthusiast 
on the topic of temperance, he had quietly been abstemious, 
because it was, as he thought, promotive of his health and happi- 
ness. But his experience and observation satisfied him that much 
suffering might be alleviated, and the evils of a profligate li!e 
averted, and that, too, without over-stepping the bounds of deco- 
rum, if men — no matter what their position was — frankly ex- 
pressed their sentiments, and favored associated effort. He thought, 
likewise, that a movement at the Capital would be beneficial. The 
great avenues of communication diverged from that seat of empire 
to every section of our extensive republic, and the most salutary 
impression might, therefore, be there made upon the public mind, 
by efforts founded in benevolence and directed by wisdom. 

In Washington, it need hardly be said, scenes of dissipation 
were constantly occurring, but not the more so than in other great 
capitals. The bulk of the people who thronged there consisted 
of citizens and foreigners on pleasure and business, sojouriung for 
a brief period, and then hieing away to their homes. Frolic and 
merriment, of course, were indulged, but its never ending contin- 
uance could not be otherwise than injurious to the permanent 
residents. If so disposed, their example might be beneficial, in 
checking its unlimited indulgence. x\t any rate, many members 
of Congress who had sons and daughters, and other relatives and 
friends, residing in the District of Columbia, bethought themselves 
of its importance. 

General Cass, in the performance of the duty assigned him, 
stated that he did not come to the meeting to call out and discuss 
the general statistics of intemperance. 

"I have no disposition to count the number of ruined men, of 
wretched families, of lost estates, which this prevalent vice has 
occasioned in our country. It is an inquiry full of instruction, 
but full, likewise, of dismay. Calculations have been made, 
showing the enormous quantity of ardent spirits annually made 
and consumed, and the waste of time and money entailed upon 
the community. It is difficult to appreciate the value of quanti- 
ties and numbers which are far beyond our accustomed range of 
observation. Their very immensity becomes overpowering. In- 
genious men have, therefore, presented this subject in different 



278 LIFE AND TIMES 

aspects, that we may separately survey the members of a group 
which, collectively, is beyond the reach of om* faculties. For the 
result, I must refer you to the many statements and expositions 
which have appeared in the periodical publications of the day. 
You will find ample food for contemplation and regret. I can not, 
however, but advert to one fact which has been stated, and which 
will bring the subject to a standard that is familiar to us. The 
excise, which is levied upon ardent spirits in England, furnishes 
the means of ascertaining the quantity that is sold. And, not- 
withstanding the consumption, there is far less, in proportion to 
the population, than here, yet it has been estimated that the quan- 
tity of gin alone annually consumed in that country would form 
a river three feet deep, fifty feet wide, and five miles long. Well 
may such a stream be called the river of death! Death to our 
duties and hopes, to our health and happiness, to our fiite and 
prospects, on this side of the grave and beyond it. 

" No man can indulge in this habit with impunity. Begin as 
he will, he may go on increasing. What is now enough to pro- 
duce the desired eftect may soon become insufficient and inopera- 
tive. The quantity must be increased and the intervals diminished. 
The necessary tone can be preserved only by gradual additions, 
and then comes all the train of evils which marks decaying facul- 
ties and a ruined constitution. All who have eyes to see must 
have seen them. They need no description here. Unfortunately, 
they are too common and too disgusting to require or to admit 
enumeration in such a place as this. If, in the whole crea- 
tion of God, there is one subject, more than all others, to be 
pointed at by the finger of scorn, it is he who abandons him- 
self, and all he has and expects, to this destructive propensity. 
The animals around us, ministering to human comfort; every 
beiup; into which the Creator has breathed the breath of life — all 
fulfill their destinies and perform the parts allotted to them ; while 
man, man alone, placed immeasurably above them, reduces him- 
self far below, renounces the high duties assigned to him, and 
perishes miserably, hopelessly. Were the wreck thus cast upon 
the strand of life, solitary and unconnected, much as we might 
deplore the evil, there would be less to regret than at present. But 
these unhappy men are united to society by all the ties which bind 
society together. They are sons, or brothers, or husbands, or^ 
fethers. With wliat little remorse the duties of these relations 



OF LEWIS CASS. 279 

are disregarded, the experience of every day sufficiently demon- 
strates. The liiisband and father seeks, in unhallowed pleasure, 
those enjoyments his own home would furnish. The means which 
should be destined to the support of his wife and children are dis- 
sipated. His time is consumed, his usefulness destroyed, his 
temper and habits ruined, and all who depend upon him share in 
the calamity. 

"Who ventures to say there is no cure for this malady of 
mind and body? No signal of safety which can be lifted up, like 
the brazen serpent of old, and whereon the afflicted may look and 
be healed ? No power of conscience — no regard for the present 
— no dread of the future, which can stay the progress of this deso- 
lating calamity ? It is indeed a disorder which falls not within 
the province of the physician. Empyricism has prescribed its 
remedies, and various nostrums have been administered with tem- 
porary success, calculated to nauseate the patient, and thus, by 
association, to create a revulsion of feeling. But little permanent 
advantage has attended this process. As the habit of intoxication, 
when once permanently engrafted on the constitution, affects the 
mind and body, both becomes equally debilitated. And restora- 
tion to health and self-possession can only be expected from a 
course of treatment which shall appeal to all the better feelings of 
our nature, and which shall gradually lead the unhappy victim of 
his passions to a better life and to better hopes. The pathology 
of the disease is sufficiently obvious. The difficulty consists in 
the entire mastery it attains, and in that morbid craving for the 
habitual excitement, which is said to be one of the most overpow- 
ering feelings that human nature is destined to encounter. This 
feeling is at once relieved by the accustomed stimulant ; and when 
the result is not pleasure merely, but the immediate removal of an 
incubus preying and pressing upon the heart and intellect, we 
cease to wonder that men yield to the palliative within their 
reach; that they drink and die; that often, in one brief night, they 
lie down in time and awaken in eternity. 

" It is now conceded, by the most profound observers who have 
made this subject their study, that ardent spirits are never re- 
quired in a state of health. They are not merely useless, but inju- 
rious. Ingenious physicians, who have watched their operation 
upon the human system, and with the express purpose of ascertain- 
ing whether their administration be proper in cases of exhaustion 



280 LIFE AND TIMES 

from cold or fatigue, have borne testimony to their utter ineffi- 
cacy. Our eminent countryman, Dr. Kush, coincides in this 
opinion, and asserts that a small quantity of food restores the sys- 
tem to its usual vigor, far better than these destructive stimulants, 
after it has been debilitated by exertion or suffering. And in 
some of the most terrible shipwrecks recorded in naval annals, it 
has been found that the persons who refrained from the use of 
spirits, w^ere better enabled to resist the calamities impending 
over them than those who sought strength and consolation in this 
indulgence. Experience is as decisive on this subject as it is sat- 
isfactory. And in the disastrous retreat from Moscow, which 
broke the scepter of Napoleon, and wrested the nations of Europe 
from his iron grasp, it is recorded by the historians of the expe- 
dition, that the soldiers who were perfectly temperate resisted the 
elemental war around them when the general 'pulse of life stood 
still,' and when a scene was presented which, in terrible sublimity, 
surpasses all that the wildest imagination has ever shadowed 
forth, when the spirit of the storm was abroad, and the chivalry 
of Europe fled or fell before the northern blast. 

" Too long have those who are yielding to this propensity de- 
luded themselves and others with this pretense of the necessary 
use of ardent spirits. It is time the foundations were broken up 
and the superstructure demolished. What was the state of the 
ancient world where the process of distillation was unknown? 
The Arabian chemists were the first to introduce it, and not ail 
the drusrs of Arabia have been able to counteract its pernicious 
influence. There is nothing which leads to the belief that men 
were less able to endure fatigue, or that the average duration of 
human life was shorter. On the contrary, some of the most stu- 
pendous monuments of human power were erected in the early 
ao-e of the world, and have come down to us unimpaired, surviving 
the memory of their founders and the objects of their construction. 
Extreme longevity w^as one of the characteristics of that period, 
and many of our most fatal disorders were unknown. A Roman 
soldier carried a weight of sixty pounds, besides his arms, and 
usually marched twenty miles a day. Every night he labored to 
enclose his encampment with a parapet and ditch. No fatigue 
nor exposure exempted an army from this duty, enjoined by the 
fundamental principles of their military service. Could an 
American soldier, with his daily allowance of spirits, or I may 



OF LEWIS CASS. 281 

rather say, his daily temptation to drink, do more than tliis ? 
Carry eighty pounds upon his back, march twenty miles a day, 
and then fortify his encampment ! To the Roman soldier ardent 
spirits were unknown. To the American they have been the bane 
of his life, and their destructive effects may be traced in every 
platoon of our army. Away, then, with this idle pretense of 
necessity. The necessity exists nowhere but in the apologetic 
answers of those who, determined not to relinquish this darling 
habit, are yet desirous of presenting some excuse to themselves 
and others for its indulgence. But there is, fortunately, one safe 
and plain method, by which all danger may be avoided, and 
that is by entire interdiction'. Abstinence, and abstinence alone, 
from ardent spirits, will shield us from their injurious conse- 
quences. And this, in fact, is the only effectual safeguard within 
our power." 

Thus boldly did General Cass speak, over twenty years ago, 
on the evils of intemperance. Entire interdiction was what he 
recommended to others, and adopted for himself The regulations 
which he made, in this particular, for the observance of the army, 
introduced a new era into our military history. 

On the fourth of March, 1833, General Jackson was inaugura- 
ted President of the United States, for his second terra. After 
one of the most malignant political contests in the history of our 
country, he was triumphantly sustained by a large majority of 
the people, and their approving voice given to his important 
measures. This incorruptible verdict re-invigorated him, and 
his hosts of resolute and unflinching friends, and paralyzed in 
astonishment his tireless foes. On the day after, General Cass 
rem.arked to the President that the Secretaryship of War was in 
his hands. " No," said the old hero, " it is not. I can not do 
without you." And that department of the government moved 
on as usual. 

In a few months a question similar in character to that of South 
Carolina, arose within the State of Alabama, which again brought 
the federal and State authorities to the very point of collision. It 
was in consequence of trespasses by emigrants on the lands of 
the United States, acquired from the Choctaw, Chickasaw and 
Muscogee or Creek Indians. The United States was under obli- 
gations, by treaty, to prevent intrusion upon lands that had 
belonged to these Indians within the State of Alabama, until they 



282 LIFE AND TIMES 

could be removed to their new homes on the other side of the 
Mississippi. Emigrants, nevertheless, intruded upon their grounds. 
It was the duty of the federal government to drive them off, and 
proceeded to do so. Alabama demurred, and called upon her 
judiciary to protect the settlers. The peaceful relations of that 
State with the United States were thus menaced. But the energy 
and prudence of the Secretary of War, throughout the whole 
exigency, happily averted all collision. His regard for law and a 
scrupulous observance of the rights of the judiciary, in the pros- 
ecution of this matter, is manifested in the following letters writ- 
ten by him, and addressed, the iirst to Colonel Mcintosh, then a 
major in the army of the United States, and the latter to F. B. 
Key, Esq. 

"Department of "War, October 29th, 1833. 

" SiE : — Your letter of the 21st instant, to General Macomb, has 
been laid before me, and, in answer, I have to inform you that you 
will interpose no obstacle to the service of legal process upon any 
officer or soldier under your command, whether issuing from the 
courts of the State of Alabama or of the United States. On the 
contrary, you will give all necessary facilities to the execution of 
such process. 

" It is not the intention of the President that any part of the 
military force of the United States should be brought into collision 
with the civil authority. In all (juestions of jurisdiction it is the 
duty of the former to submit to the latter, and no considerations 
must interfere with that duty. If, therefore, an oflScer of the State, 
or of the United States, come with legal process against yourself, 
or any officer or soldier of your garrison, you will freely admit him 
within your post, and allow him to execute his writ undisturbed. 

(Signed,) "Lewis Cass." 

lExlrad of a Letter to F. B. Key, Esq.l, 

"Department of War, October 31st, 1833. 

"Let all legal process, whether from the courts of the United 
States or from those of the State of Alabama, be submitted to with- 
out resistance and without hesitation. The supremacy of the civil 
over the military authority is one of the great features of our insti- 
tutions, and one of the bulwarks of the Constitution. 

(Signed,) "Lewis Cass." 



OF LEWIS CASS. 283 



CHAPTEE XIX. 

Removal of the Deposits— Popularity of the Administration — Mr. Clay's Resolutions— Their Effect oii 
General Jackson's Mind — Tlie American Historical Society — General Cass delivers an Oration — 
Extracts — The Auditorj' — Their Feelings on the Occasion. 

The re-election of General Jackson decided the fate of the United 
States Bank. It was the paramount issue involved, and the chief 
staple of acrimony at all the polls. Canvassers and orators spoke 
to that question on the hustings and in the committee rooms. The 
decisive fiat of the unshackled freemen of America had gone forth 
— the institution must die — and the herculean monster was now 
writhing under this annihilating sentence of a court from which 
there could be no appeal. It had been for years the custodian of 
the people's money, and yet had it in its coffers. The bank must 
now give up the money, and the President ordered his financial 
officer to make the demand. Mr. Duane, at the head of the Treas- 
ury Department, declined to do so, and Mr. Taney was substituted 
in his place. The deposits were removed, and the government, 
for the first time, became its own banker. 

The people pointed with pride to the administration of their 
afiairs, under General Jackson and his constitutional advisers. 
Long pending negotiations with England were being brought to a 
successful termination ; the indemnities of the French government 
obtained ; claims, hoary with age, against Denmark, Sweden, and 
]!^aples, were adjusted, and commercial treaties, opening new and 
advantageous sources of trade, were made with manv foreicrn 
countries. The sails of our commercial marine whitened almost 
every sea, and went on their way unmolested. In every foreign 
court, in all countries, and upon every ocean, our flag was respected, 
and the administration steadily and successfully directed its efibrts 
to the promotion of public interests and the maintenance of the 
national faith and honor. In the eye of the civilized world the 
government of the United States stood upon the highest pinnacle 
of fame. 

In all these measures, and in all the councils of the cabinet, 



284 LIFE AND TIMES 

General Cass was, in fact, what the word signifies, the adviser of 
the President. He never missed his attendance at consultation. 
Of long experience, and thoronghly conversant with the rights and 
duties of nations, and, above all, devoted in his attachment to the' 
President, his views were always listened to with attention. Ee- 
spected, in all his personal relations, as a man of stern integrity, 
the President never failed to give him his ear in all matters of 
public concern. On many an occasion, during the sessions of Con- 
gress, when turbulence was at a furious hight, and grave senators 
even seemed to be willing to tear in pieces the Constitution, and 
invade, with pistol and bowie knife, the domicil of their chief 
magistrate, did General Cass repair to the executive chamber, at 
the urgent summons of its occupant, and, on more occasions than 
one, at the dead hour of midnight, and there talk and counsel for 
hours what course to pursue and what measures to bring forward 
to preserve inviolate the sacred ark of the covenant, and keep the 
ship of state proudly on her course. 

The President, in the course of an eventful life, had passed 
through many a trying scene, and had often been assailed with 
pen arid tongue, but the action of the Senate, in placing upon its 
immortal records the famous resolutions of Mr. Clay, in Decem- 
ber, 1833, was a fearful shock to his strong nervous system. It 
produced more than anger. This word faintly conveys the idea. 
The universally acknowledged patriot felt that his sacred love of 
country, and in which was concentrated all his pride, had been 
vitally attacked ; and for months this rough treatment was his 
first thought in the morning and his last at night. With this in 
remembrance, the reader can better appreciate with what unal- 
loyed satisfaction, years afterwards, he greeted the intelligence 
that the same august body, in its calmer moments, had endeavored 
to repair the outrage, and blot the sacriligious chronicle from the 
memory of mankind. 

General Cass, as has already been perceived, was a man of 
letters, of varied information, and an elegant writer ; and fre- 
quently was he called upon to gratify his admirers. It is remark- 
able that he could find time to do so, amid the cares of office, and, 
especially, during the stirring times he resided in Washington. 
It must be attributed to his unwearied industry, regularity of life, 
and, as a quaint scholar says, " his concoction of reading into judg- 
ment." Honored, time and again, with notices in this way from 



OF LEWIS CASS. 285 

various sources, he frequently was constrained to decline. But, 
whenever he yielded to the wishes of his fellow countrymen, his 
efforts were replete with instruction — "with words that burn and 
thoughts that breathe." 

On the twelfth of October, 1835 — the anniversary of the discov- 
ery of America — a society was formed in the metropolis of the 
Union, under the title of the American Historical Society, the 
object of which was to discover, procure, and preserve whatever 
related to the natural, civil, literary, and ecclesiastical history of 
America. The society made a draft on the Secretary of AVar to 
deliver the introductory discourse, and he honored it on the thir- . "* 
tieth of January following. vj** 

There was a vast audience gathered in the Hall of Representa-^ 
tives, on Capitol Hill, to hear him. The number in attendance 
exceeded the accommodations, and, for two hours, many members 
of Congress and foreign ministers stood in the aisles and listened 
with rapt attention. 

He introduced himself to this learned assembly by saying that : 

"In looking back upon the history of man, it was obvious that 
different ages of the world have been distinguished by different 
characteristics. The progress of events has, from time to time, 
been marked by some predominating trait, communicating its 
impress to the moral circumstances around it ; and the aspect of 
human life is brighter or darker, as this controlling principle is 
worthy or unworthy of the race of beings placed, by the creation 
of God, in their present stale of accountability, and endowed with 
powers, whose extent, after an existence of sixty centuries, is un- 
known to us, but whose use or abuse constitutes the advancement 
or retardation of individuals and of societies. It is thus that pris- 
matic rays tinge with their hues, while they illumine with their 
light, the objects upon which they are cast. 

"In the contest for this ascendency over the great world of 
mind, sometimes the passions of mankind have gained sway and 
held it for ages ; and wars, social, political and religious, have 
spread desolation over the earth, and have marked their progress, 
not less by moral than by physical evils. Then the intellectual 
powers have asserted their supremacy ; at one time, for purposes 
merely speculative, and at another, for practical action. The one 
state is illustrated by that wonderful but puerile system of logom- 
achy, which so long passed for philosophy, and which has come 



286 LIFE AND TIMES 

down to US as a splendid monument of liuman wisdom and of 
hnman folly ; and the other, by those eiforts at rational improve- 
ment, whose full operation has been reserved for our days. These 
social paroxysms, though unequal in their intensity and duration, 
are yet suificiently perceptible in their operation, whenever we 
look out upon that ocean of the past, on the brink of which we 
stand, and where we must soon be." 

After referrino- to the innumerable stimulants to exertion in the 
ages of the past, he observes: 

" Our own age has been denominated the age of Tnovement; of 
advancement in the intellectual faculties; of improvement in all 
those principles and pursuits which are most essential to the hap- 
piness of man, and most conducive to the dignity of human nature. 
OxwAED is the great word of our time. In the story so beautifully 
told by the historian of the Eoman empire, the seven youths of 
Ephesus laid down to sleep, and awoke, after the lapse of two 
centuries, in the midst of a changed world, but unchanged them- 
selves. He who should fall into such a slumber, in this period of 
moral acceleration, might arise, after a much briefer interval, and 
walk abroad into a world far more transformed than that which 
met the wondering view of the Ephesian sleepers when their trance 
was broken, and they looked out from their living cemetery upon 
the fair face of nature. 

"Another agent in this process of advancement, and one with 
which we are here intimately connected, is the system of associa- 
tions, that have been formed for the cultivation of particular 
branches of knowledge. These co-operative societies are the in- 
vention of modern times ; and, in the form in which they now 
exist, they came into being at the end of that long night of ignor- 
ance and imbecility, which shrouded the intellect of the world, 
from the decline of the Eoman empire till the revival of learning 
in these later ao-es. There were, indeed, celebrated schools where 
the principles of ancient knowledge were taught; and two of 
these, the Academy and the Lyceum of Athens, are well known 
to all scholars, from the peculiarity of their doctrines, the high 
reputation of their masters, and the number and celebrity of the 
pupils. But the teachers were lecturers, expounding their peculiar 
views to disciples and partial admirers; and their lectures were 
didactic essays, too often intended to display the pride of the 



OF LEWIS CASS. 287 

rlietorician, rather than to advance the purposes of science, or to 
afford instruction to inquirers after truth. 

" In these voluntary associations the members are animated with 
a kindred spirit, and devoted to kindred pursuits; and their or- 
ganization is admirably adaj)ted to promote the objects of the 
institutions. An es])rit de cor])s is created, which ensures a unity 
of purpose and of action, while an emulation is excited, which 
stimulates the exertions of individuals. A repository is thus 
formed for the preservation of useful collections. The public 
attention is awakened, and its favor lightens the toils and aids the 
researches of the members. It is in the practical sciences, in his- 
tory, and in the fine arts, that these combinations have been most 
usual and most useful. Our own country has given her full share 
to the general stock of these contributions, and we have this nia-ht 
assembled to add another to the number." 

He spoke of the duty of the historian: 

"History, indeed, when justly estimated, is not a mere record 
of facts. These, certainly, are essential to its truth, which is the 
first and greatest virtue of an historian. But he must have a 
higher and nobler aim, if he seek to interest or instruct mankind. 
He must trace the motives and causes of actions to their results. 
He must delineate the characters of those master-spirits, whose 
deeds he portrays, and hang them upon the outer wall, as specta- 
cles for admiration or reprobation. ' Nor am I less persuaded." 
said the patriot first called to administer the present Constitution; 
' nor am I less persuaded that you will agree with me in opinion, 
that there is nothing which can better deserve your patronage 
than the promotion of science and literature.' 

" ' Knowledge is, in every country, the surest basis of public 
happiness. In one, in which the measures of government receive 
their impressions so immediately from the sense of the community 
as in ours, it is proportionably essential.' AYonderful man ! Time 
is the great leveler of human pretensions. The judgment, which 
he pronounces upon men and their actions, is as just as it is irre- 
versible. How few of the countless throng, who, in the brief dav 
of their pride, looked down upon their fellow-men, or were looked 
up to by them, now live in the memory of mankind I And as we 
recede from the periods in which they lived and flourished, their 
fame becomes dimmer and dimmer, till it is extinguished in dark- 
ness. The world has :irown wiser in its estimate of human worth. 



288 LIFE AND TIMES 

and the fame of common heroes has become cheaper and clieaper. 
But we have one name, that can never die. One star, which no 
nio-ht of moral darkness can extinguish. It will shine on, brio-hter 
and brighter, till it is lost in the effulgence of that day, foretold iu 
prophecy, and invoked in poetry, 

' When Heaven its sparkling portals shall display, 
And break upon us in the flood of day; 
No more the rising sun shall gild the raorn, 
Nor evening Cynthia fill her silver horn ; 
But lost, dissolved in thy superior rays, 
One tide of glory, one unclouded blaze 
O'erflow thy courts ; the light himself shall shine 
Eevealed, and God's eternal day be thine,' 

" Happen what may to our country, this treasure can never be 
reft from her. Iler cities may become like Tadmor, her fields like 
the Campagna, her ports like Tyre, and her hills like Gilboa, but, 
in all the wreck of her hopes, she may still proudly boast that she 
has given one man to the world, who devoted his best days to the 
service of his countrymen, without any other reward than their 
love and his own self-approbation ; who gladly laid down his 
arms, when peace was obtained; who gladly relinquished supreme 
authority, when the influence of his character was no longer want- 
ed to consolidate the infant institutions of the Republic; and who 
died, ripe in years and in glory, mourned as few have been mourn- 
ed before him, and revered as few will be revered after him. 
Here, in this hall, whose foundations were laid by his own hand; 
here, under this dome, which looks out upon the place of his 
sepulchre; here, in this city, named from his name, and selected 
for its high object by his choice, let us hope that his precepts will 
be heard, and his example heeded through all succeeding ages. 
And when these walls shall be time worn and time honored, and 
the American youth shall come up, as they will come up, to this 
temple of liberty, to meditate upon the past, and to contemplate 
the future, may they here find lessons and examples of wisdom 
and patriotism to study and to emulate. And when the votary of 
freedom shall make his pilgrimage to the tomb of Mount Yernon, 
and lay his hand upon the lowly cemetery, let him recall the 
virtues and bless the memory of Washington. 

" When the difftision of knowledge is recommended to the con- 
sideration of the government by this authority, I may well be 



OF LEWIS CASS. 289 

spared all effort to illustrate its importance. But its effects I may 
briefly advert to, in one splendid example of literary distinction, 
which exhibits the triumph of intellect during the long period of 
twenty centuries. The little territory of Attica, containing about 
thirty miles square, and half a million of inhabitants, furnishes a 
pregnant lesson for the world. There literature flourished, free- 
dom prevailed, the arts and sciences were cultivated, and genius 
was honored and rewarded. She sent out her armies and navies, 
wherever her interest or honor required. She repelled the Persian 
hordes from her land ; she gallantly maintained her independence 
for a long series of years, and she became the school of antiquity, 
imparting to all other countries the treasures of her knowledge. 
How proud a monument she now is, even in her desolation I 
From the Ganges to the Saint Lawrence, where is the man of in- 
telligence who does not look upon her fallen fortunes with sorrow ; 
and upon her future fate with solicitude ? The Turk has ruled in 
the habitation of Pericles ; and the horse-tail has waved where 
the aegis was displayed. But the Parthenon still stands, though in 
ruins, yet in glory ; a fit emblem of the country it adorned in its 
pride, and now hallows in its decay. And whence this triumph of 
the feeble over the strong ? How happens it, that this small spot 
is, and has been, the revered one of the earth ? The school-boy, 
upon the Missouri, talks of the Illissus. The ardent youth, who, 
at Bunker Hill and New Orleans, gazes with intense interest upon 
those fields of blood and renown, has room also in his heart for 
the stories of Marathon and Salamis. The lover of the fine arts, 
who surveys the works of the chisel, which already in our country 
have almost fashioned the marble into life, still thinks of Praxiteles, 
and concurs in the universal opinion of artists, that the Venus de 
Medicis is yet the model of statuary beauty. And the patriotic 
citizen, while he blesses God that he was born in the country of 
Warren, and Hancock, and Franklin, and Jeflerson, casts a look 
of reverence upon the land of Socrates, and Plato, and Aristides. 

" All this is the triumph of intellect ; the monument and the 
reward of public spirit and intelligence, and the evidence of pri- 
vate devotion to all those pursuits which give to mind its ascend- 
ency over matter. 

" The true province of the historian is now better understood 
than formerly. Time has been, and not long since, when all nar- 
ratives were considered as entitled to almost equal credit ; wlien 
19 



290 LIFE AND TIMES 

the habit of severe investigation was no part of the qualification 
of the historian ; and more especially in the annals of antiquity 
which have come down to us. In this spirit Rollin compiled his 
voluminous work, and he gravely relates incidents as he found 
them, without any discrimination between the degree of credit due 
to an eye-witness, who records events as we might expect to find 
them, and to the relater of incredible traditions, worthy of perusal 
as evidences of human credulity. Herodotus himself, whose his- 
tory was composed for the purpose of being recited, not read, and 
whose dramatic manner and imaginative mind prove the early age 
in which he wrote — Herodotus, who recorded the early fables of 
his country, and the strange tales he had heard in other lands ; 
who believed the occurrence of all the events repeated through a 
succession of ages, from sire to son, and who recited his work to a 
believing people — this father of the art liirnished, for centuries, 
not the outline only, but all the details of early profane history ; 
and kindred authors, who wrote later, but still witTi the same 
credulity, were received as unerring guides in exploring the mazes 
of human actions, in distant regions and ages. The charm of 
style, the sj)lendor of eloquence, the grace of rhetoric abound in 
these compositions, and they are inestimable as pictures of early 
manners, and as vehicles of early opinions ; but no scholar would 
now trust these narratives without proper scrutiny, whenever the 
incidents are improbable in themselves, or whenever there is rea- 
son to believe the proper sources of information were not within 
the reach of the writers. The philosophy of history requires labo- 
rious investigation and deliberate decision. 

" In all researches into the history of this continent, we have one 
advantage over every other people. Our origin and progress are 
within the reach of authentic history ; we have no fabulous nor 
doubtful eras to perplex investigation and to provoke discussion. 
We have, indeed, one remnant of antiquity, one surviving memo- 
rial of a former and unknown state of things — one race of men, 
whose origin is as doubtful as their fate. Their past and future 
are equally closed to us, and it were vain to attempt to penetrate 
the one or the other. They were here when Christian banners 
were first displayed. 

" There are six periods in the history of the United States, sepa- 
rated by epochs, which resemble the elevations in the journey of 
.a traveler, that enable him to stop and contemplate the country 



OF LEWIS CASS. 291 

he lias passed. Tliese periods are different in interest and dura- 
tion ; but each is marked by an historical nnitv, necessary to bind 
together detached portions of any great course of events. It is by 
this distribution into groups that the human mind finds itself able 
to grasp the vast variety of incidents which make up the annals 
of a country. These divisions may be denominated the period of 
the discovery, extending from the time this part of the continent 
became known to Europeans, to their first permanent establish- 
ment; of settlement, including the long interval between this 
establishment and the conquest of Canada ; of civil dissension, 
commencing immediately thereafter, and terminating in open re- 
sistance ; of revolution, including the war of independence ; of 
the confederation, reaching from the conclusion of peace to the 
adoption of the present government ; and of the Constitution, 
extending to our own times. These designations have no claim 
to actual precision. They indicate only the leading features of 
each period, those which gave to it its peculiar characteristics." 
Passing the reader on to the period of settlement, he says : 
"The period of settlement embraces an interval of about a cen- 
tury and a half. And while its progress was marked by extraor- 
dinary vicissitudes, it w^as still advancing with a celerity before 
unknown in the march of society. Never was the prophetic 
declaration, that a little one should become a thousand, and a 
small one a strong nation, more wonderfully fulfilled than in the 
planting and rearing of these colonies. A few hardy adventurers 
seated themselves upon the shores of the ocean, in a distant and 
imexplored region. An interminable forest was around them, and 
a fierce and treacherous foe occupied its recesses. In the j^rovi- 
dence of God they were sent out to suflPer in their day, but to 
become glorious in their generation. And well did they fulfill 
their destiny. We are now a community of fifteen millions of 
people, and yet I have often conversed with a venerable relative 
who was a cotemporary of the first child born to the pilgrims, after 
they landed upon this continent. What an almost overpowering 
image does this simple fact present of the progression of this fed- 
erated empire ! And where is the forest, which then shut in the 
adventurers upon the brink of the sea? And where are the noma- 
dic tribes, the untamable warriors, who stood up in their path, 
and said, 'You shall go no further!' Let our fields and villages, 
our towns and cities — let our cheering prospects, the evidence and 



292 LIFE AND TIMES 

the effect of human industry and enteri^rise — let the peace, and 
plenty, and prosperity of a happy land, covered with a busy pop- 
ulation, enjoying the blessings of equal government, of a benign 
religion, and of intellectual improvement— let all these explain 
how the forests have been brought low, and how the great circle 
of cultivation has spread itself, even to the vast lakes of the North, 
and to tlie trans-Mississippi regions. And let the feeble remnant 
of the primitive race pronounce their father's fate, and their doom. 
" The character of our ancestors took its impress from the stormy 
events which surrounded them from the cradle to the grave. They 
were nurtured in hardships and exposures ; their manhood was 
devoted to the fields of labor and of battle ; and their old age, 
when they lived to attain it, was too often interrupted by the 
Indian war whoop, that signal of death, which, once heard, is never 
forgotten. This school of exertion and exposure, during six gene- 
rations, produced those distinctive traits of character which be- 
longed to our fathers. The Indians are suspicious, neither seeking 
nor yielding confidence with facility, incapable of abstract specu- 
lations, or aiding the incredulous, and too often insensible to the 
obligations of veracity. The difficulty of penetrating the recesses 
of such a people is obvious, increased as these are by the incom- 
petency of the usual medium of communication. Under such 
untoward circumstances, what has already been done, instead of 
discouraging, should stimulate us. Our military posts furnish 
excellent places of observation, where the best materials for Indian 
history can be collected ; and the graduates of the Military Acad- 
emy, who are sent there, could not devote their leisure to a pursuit 
more interesting in itself, nor richer in the rewards it offers. 
Their education gives them the proper qualifications, and the 
whole philosophy of the Indian condition is open to their investi- 
gation. A proper series of inquiries, prepared with a view to a 
common operation, and transmitted to these aboriginal observa- 
tories, would furnish a most interesting subject of inquiry ; and, 
if prosecuted with zeal, would lead to the collection of a mass of 
materials far more valuable than has heretofore been procured. 
The traditionary legends of the Indians are passing away. All 
that is not arrested within a few years will be beyond the reach 
of recovery. Although their tales of former ages can not be viewed 
as authentic materials for history, yet they may dimly shadow out 
events which have left no other memorials ; and they are valuable 



OF LEWIS CASS. 293 

as the monuments of a rude people, illustrating their peculiar 
opinions." 

He spoke, in the voice of eloquence, of the comparative exertions 
of many of the nations in the fields of literature, arts, and arms. 
He contrasted, in vivid language, the motives of these exertions ; 
and coming to our own favored land, most happily remarked : 

" Characters are sometimes best described by a single sketch 
presenting that ruling passion 

' Where alone 
The wild are constant and the cunning known.' 

Such a sketch is furnished by the debarkation of the Puritans 
upon the coast of New England, and by the descent of Cortez upon 
the Mexican shore. When the English colonists left the old world, 
their last act was to implore the Divine blessing upon their enter- 
prise, and, when they reached the new, their first act was to return 
their thanks to that Providence which had protected them in their 
voyage across the ocean. Before they left their vessel, they pre- 
scribed and established a form of government, in which they de- 
clared they had undertaken to plant the first colony in the northern 
parts of Virginia, for the glory of God and the advancement of the 
Christian faith, and for the honor of their king and country. 

"What a contrast is presented between the humble appearance 
and the lowly and subdued spirit, but firm purpose of these self- 
expatriated men, and the Spanish invasion, with 

'The neighing steed and the shrill trump, 
The spirit-stirring drum, the ear-piercing fife, 
The royal banner, and all quality. 
Pride, pomp, and circumstance of glorious war.' 

The English colonists were impelled by their high regard for the 
rights of conscience; the Spanish conquerors, by their thirst for 
gold. The bible and the magna charter were borne b}^ the one, 
and the sword, the cross, and papal decrees by the other. The 
physical and inoral results are before the world, and promise to 
go down to after ages, furnishing one of the most impressive les- 
sons in the whole history of man." 

And further on, in passing this period in review, he remarks : 

" I do not mean to say that the white man was always right, 

and the red man always wrong. I do not mean to deny that the 

ancient possessor had too often just cause to complain that his 



294: ■ LIFE AND TIMES 

inheritance was violently reft from him or craftily obtained. And 
the tradition, that the first settlers upon a part of the coast asked 
for a seat which could be covered by a buffalo robe, and then, 
cutting this into thongs, took possession of all the land it would 
encircle, if false in jEiict, was certainly true to the feelings of the 
Indians. 

" Ancient chronicles have brought down to us a similar tradi- 
tion respecting another barbarous people, separated by a wide 
interval of time and space from our aboriginal inhabitants. The 
legend of the flight of the Tyrian colony under Dido, and its 
establishment upon the African coast, says that they purchased 
of the indigenous people as much land for the site of Carthage as 
could be covered by a bull's hide, and then dividing this into 
the smallest strips, claimed all embraced within it. Yirgil has 
recorded the purchase, but omitted the deception, out of tender- 
ness, perhaps, to the memory of the deserted and disconsolate 
queen : 

' Mercatiqiie solum, facti tie nomine Byrsani, 
Taurine quantum possent circumdare tergo.' 

But the piece of land as big as a hide was the pm-chase, as 
described both by the eastern and the western primitive possessor. 
However or wherever the traditions may have originated, the 
coincidence of sentiment is interesting, as is the proneness of bar- 
barous people, while they feel the su]:)eriority of civilize^ men, to 
attribute all the difference which results from the intercourse, to 
cunning rather than to wisdom." 

When he reaches that bright era in American history devoted 
to the investigation and assertion of human rights : 

"Many a fervid mind was at work upon the foundation of soci- 
ety. Many a received dogma was swept away with contempt. 
It is not a little curious to compare the advance of society in some 
of the most important elements of human knowledge, at different 
stao-es of its existence. It will be found that sometimes centuries 
roll away, while certain great departments of science are station- 
ary, if not retrogressive. At other times these are pushed forward 
with wonderful rapidity, like the spring that has long been coiled 
and is suddenly unbent. Who can point out a single advance in 
the most important of mere human institutions, that of governing 
society, during centuries of the most enlightened period of antiq- 
uity ? Wherein was the theology of the Roman empire better 



OF LEWIS CASS. 295 

than the religious fables of Greece, or their prototypes, nourished 
under the shade of the pyramids ? In the philosophy of the 
intellect, who was ever made wiser by the metaphysics of Aris- 
totle ? And who does not know that his system of dialects ruled 
the world of mind, from his own era down to the very dawn of 
our day? — ruled it with absolute sway, affecting not only to teach 
the way to knowledge, but to contain within itself the very cycle 
of all that was known or could be known. Studying nature in 
the closet, instead of walking abroad and surveying her works ; 
not proceeding by induction, and deducing general laws from the 
operations of the world, but rashly advancing theories, and then 
boldly promulgating them, as the laws impressed by the Creator 
upon universal matter." 

His large and learned auditory was charmed with the discourse. ^ 
It displayed an intimate knowledge of the social and political 
institutions of his country, and of the world. It showed him to 
be a man of thought as well as of research, and that his disposi- 
tion and inclination was to overlook the vices of other ases and 
nations, and retain only their virtues. The gentlemen of the His- 
torical Society felt themselves honored by the production, and 
resolved to perpetuate it among their archives. 



29G LIFE AND TIMES 



CHAPTER XX. 

The Florida War — Its Origin — Its Coniluct, whilst General Cass was Secretary of War — An Examina- 
tion of Testimony given before a Military Court of Inquiry, at Frederick. 

The Florida War — as it is familiarly called — occurred during 
the second term of General Jackson. The events that gave rise 
to it, however, date farther back. In September, 1823, a treaty 
was made at Fort Moultrie, South Carolina, between the United 
States and the Seminoles, by which those Indians relinquished 
their claims to large tracts of land in Florida, with a reservation 
of a small portion for a residence. Subsequently, disputes arose 
respecting the construction of this treaty, the Seminoles insisting 
that it gave them undisputable possession for twenty years. This 
dispute resulted in another treaty made at Payne's Landing, in 
Florida, by Colonel Gadsden, agent of the United States, by wliich 
the Seminoles stipulated to cede their reservation, and remove 
beyond the Mississippi. A delegation of their chiefs, appointed 
by the treaty, was sent, at the expense of the United States, to 
examine the country assigned them, and also to ascertain whether 
the Creeks, who had already emigrated, would unite with them 
as one people. If the Seminoles were satisfied on these points, 
then the treaty was imperative. The Indian delegation, after 
examining, concluded a treaty with the American commission- 
ers, rendering absolute the treaty of Payne's Landing. To this 
transaction some of the Indian nation objected, and contended 
that the delegation had exceeded their powers, and that they 
should have reported the result of their mission to them and taken 
a vote ; and unfairness and treachery were charged. The Indi- 
ans, as the final stipulations in the treaty now stood, were to 
remove within three years, and to commence emigration in 1833. 
The Indian nation at large, however, objected so strongly, that 
their removal in that year was not attempted. 

But the policy of the administration was fixed, and although a 
short delay was granted, M'ith the view of producing a more wil- 
ling disposition to remove, there was no radical modification of 



OF LEWIS CASS. 297 

the policy. Hence, in 1834, the President appointed General 
Wiley Thompson an agent for superintending the removal, and 
sent him to Florida to make the necessary preparations. Captain 
Eussell, of the army, accompanied him as disbursing officer. 
General Thompson soon found, and so reported to the government, 
that most of the Indians evinced an unwillingness to leave their 
homes, contending again, that the treaty gave them twenty years 
undisturbed possession, and also alledging that though the lands 
beyond the Mississippi might be good, the Indians there were 
bad. On reporting this to the Dejjartment of War, a reply was 
promptly forwarded that they were to be removed for their own 
benefit, and would not be permitted to remain ; that the military 
force in the neighborhood of these Indians would be increased ; 
and General Thompson was directed to inform them that the 
annuity, under the treaty of Fort Moultrie, would be withheld 
until they consented to emigrate ; and he was also required to 
communicate freely with Brigadier General Clinch, by brevet, of 
the army, who owned a plantation near the Indian reservation. 

The President, also, sent a conciliatory " talk " to the chiefs, who 
assembled to hear it on the twenty-eighth of December, J 834. 
They discussed, with the -government agent, their intended de- 
parture, seemed much gratified with the President's talk, and their 
principal chief, Osceola, or Powel, with others, parted apparently 
in perfect good humor. General Clinch wrote to the War De- 
partment, inquiring if it would not be better to let them remain 
until the next spring, provided they would consent to remove 
peaceably on the first of March. " I believe," said he, " the whole 
nation will readily come into the measure, and it is impossible not 
to feel a deep interest, and much sympathy, for this people." The 
answer was, peremptorily to proceed without delay to their re- 
moval. The Indians, on the twenty-second of April, 1835, acknowl- 
edged the validity of the treaty of Payne's Landing, and agreed 
to carry it into effect. 

In November, 1834, upon the receipt of the first intelligence, 
by the War Department, that difficulties might possibly occur with 
the Seminoles, General Clinch was directed to assume the com- 
mand in Florida, and the necessary instructions were given him 
for his government. 

Sfime two years afterwards, a military court of inquiry convened 
at Frederick, in the State of Maryland, in consequence of the 



298 LIFE AND TIMES 

Florida war ; and in answer to the main question before that 
court, " What in your opinion prevented the subjection of the 
Seminole Indians in the campaign conducted by General Scott, in 
Florida, in 1S36?" General Clinch, in substance, asserts that it 
was owing to the neglect of the head of the War Department in 
not having made more adequate preparations in 1835, and early 
in 1836. In other words, because there were not troops enough 
in Florida to prevent the Indians from commencing hostilities ; 
therefore, the campaign to reduce them was unsuccessful. A 
strange answer to a most sweeping inquiry. 

The causes of the Indian hostilities, or the measures taken by 
the government to prevent them previously to the assumption of 
the command by General Scott, in 1836, were not subjects before 
the court. They were questions of public policy, properly cogni- 
zable by Congress alone, and which had more than once engaged 
the attention of that body. But between them, and the nature of 
the military operations, there was no just connection ; and whether 
there were in the country, before the war, ten men or ten thousand, 
was a question having no relation to the duties of the court, or the 
conduct of General Scott. 

From the accounts given of a dinner to General Clinch, in 
Florida, shortly prior to the assembling of this court, it would seem, 
from the address made bv him on that occasion, that he enter- 
tained unpleasant feelings towards General Cass. He attributed 
to the latter his being suspended in command, and to the Presi- 
dent the return of his commission, which he had tendered 
to the government. To this it is sufficient, here, to say that a 
morbid sensibility, or some other motive not more worthy of tol- 
erance, led him, it would seem, to mistake his own claims and 
situation, and to become the vehicle of unjust imputation. 

Two reasons produced a change of command. The occurrences 
in Florida, in the month of December, 1835, information of which 
reached Washington in January-, 1836, led to the conviction, that 
measures upon a more enlarged scale had become necessary ; and 
at the same time reports were received, indicating that the Creeks 
had manifested a determination to join the Seminoles in hostilities. 
As two series of operations, under different officers, against ene- 
mies near enough to co-operate, and with the same habits, and 
feelings, and objects, were to be avoided, if practicable, and a^ the 
amount of force to be called into service might be such as to justify 



OF LEWIS CASS. 299 

the States furnishing troops, in sending into the field major gen- 
erals with their requisitions, it was obviously necessary to vest the 
principal command in an oflicer of the highest rank in our service. 
It was very desirable to have an officer of established character 
and experience, particularly in a duty involving such a heavy re- 
sponsibility in its exj)enditures ; and not to leave the command to 
fluctuate, as general ofiicers of the militia might be called into or 
retire from service. General Clinch was a brevet brigadier-gen- 
eral, and therefore liable to be superseded by a major-general of 
the militia. 

But there was a still stronger reason for this measure. The 
ambush of Major Dade, and his command, on the twenty-eighth of 
December, 1835, the battle of Withlacoochie, on the thirty-first, 
the massacre at Camp King, and the exposed condition of Florida, 
painfully excited the public mind, particularly in the Southern 
States. Spontaneous movements were made in that quarter for 
raising troops, and the patriotism of the country called into ser- 
vice many corps, before the state of afiairs could be known at 
Washington. There were no telegraphic wires for the lightning 
to travel upon. The government was required by public opinion, 
as well as by the higher obligation of duty, to take the most im- 
mediate and efticient measures for the suppression of hostilities. 
General Clinch was isolated in the heart of Florida. In fact, his 
true position was necessarily unknown, for events were every mo- 
ment changing, and the aspect of afiairs becoming worse. His 
communications might at any moment have been intercepted, 
himself remain ignorant of the measures of the government, and 
they of his situation and designs. General Scott was in Washing- 
ton. No time would be lost in giving him the necessary instruc- 
tions, and his route would necessarily lead him through South 
Carolina and Georgia, whence most of the force had to be drawn. 
While a dispatch was traveling to General Clinch, General Scott 
could be in the Southern country, or joining his force and plans. 
And besides, such a dispatch might have failed or been inter- 
cepted, and then in what condition would the country have been ? 
and to what just censure would the government have been ex- 
posed? And even should the necessary authority reach General 
Clinch, much time must be lost in returning upon the route with 
his communications. He could not leave his command : affairs 
were too critical. And it must be obvious, that the arrangements 



300 LIFE AND TIMES 

for such a campaign as was contemplated, could not be made 
without the presence and personal co-operation of the officer des- 
tined to command. The remedy for all this was obvious. And 
was the government to be deterred from adopting it, because Gen- 
eral Clinch might choose to consider it a reflection upon him? 
There were much higher considerations involved in this affair than 
General Clinch seems to appreciate. He never had the slightest 
reason to consider himself injured. A just sensitiveness is an 
honorable feeling in a military man ; but if carried too far, it de- 
generates into mortified vanity. All governments have at all 
times assumed and exercised the right of changing their command- 
ing officers at pleasure ; and especially so when the sphere of 
operations is enlarged. It is evident, therefore, that the change 
of command was not intended to cast, nor did it cast, the slightest 
reflection upon General Clinch. 

As to the selection of his successor, it may safely be said, that 
General Scott had won liis way to this command by high and hon- 
orable services ; and with respect to the return of General Clinch's 
commission, it is only necessary here to say, that General Cass 
proposed the measure to the President, by whom it was cordially 
approved, as well as was the assignment of General Scott to the 
command. 

It was intimated before the court, that time was lost by the War 
Department in putting General Scott in motion. The most cur- 
sory attention to dates, as recorded in the Adjutant General's 
report of February ninth, 1836, published by order of Congress, 
will show that the action of the department was not less prompt 
upon that occasion than upon all others. 

Unofficial information of General Clinch's action reached Wash- 
ington on the seventeenth of January ; and on the same day a 
plan of operations was devised, and the necessary instructions 
given to General Eustis for its execution, to provide, as far as 
seemed necessary, for the vigorous prosecution of the war. Three 
days later, to wit, on the twentieth, reports were received that the 
Creeks meditated hostilities ; and it was, therefore, considered 
necessary to enlarge the sphere of operations, and to call General 
Scott to the command ; and this was done, and detailed instruc- 
tions prepared and delivered to General Scott on the next day. 
General Scott, in his defense, said : "I do not mean to intimate, 
Mr. President, that any time was lost by the War Department in 



OF LEWIS CASS. 301 

putting me in motion, after the news of Clinch's affair of Decem- 
ber tliirty-one, which preceded at "Wasliington the account of 
Major Dade's melancholy fate on tlie twenty-eighth." In view of 
the facts as above stated, if it was necessary for him to allude to 
the matter at all, it would have been more just, more noble, more 
in consonance with his own chivalric character, to have said 
plainly and explicitly, that never, in his experience, were more 
prompt or decisive measures taken than on that occasion — meas- 
ures, whose discussion and consideration extended far into the 
night, and broke npon his rest as well as that of the Secretary of 
War. 

Rumors of Indian disturbances are matters of frequent occur- 
rence. Sometimes these have been followed by hostilities, but 
more frequently they have proved unfounded. It is obviously 
impracticable to keep a superior force to the Indians upon any 
point of our extended and exposed frontier ; and were troops col- 
lected upon every rumor, the country would be subjected to enor- 
mous expense, and the army and militia to perpetual fatigue. It 
is the duty of government to act prudently as well as promptly 
upon these occasions ; and while efficient measures are adopted, 
where they appear necessary, to withhold them where they do not, 
and to preserve in these measures a just proportion to the strength 
of the Indians, and the probability of their hostile designs. 

The accounts are conflicting as to the exact amount of the white 
population in Florida in 1835. It was agreed on all hands tliat it 
probably exceeded thirty thousand. This is an important fact to be 
borne in mind by the searcher after truth, because each pai't of 
our frontier must be expected to supply a considerable proportion 
of the force at any time required to repel sudden aggression of the 
Indians. No one estimated the number of Seminoles higher than 
five thousand, and the official records of the War Department re- 
duced it to three thousand. There was, then, near the theater of 
difficulties, a permanent force, ready to aid the efforts of the array, 
and abundantly sufficient, agreeably to all preceding experience, 
to restrain or subdue the Indians. 

A treaty had been formed with the Seminole Indians, providing 
for their removal west of the Mississippi; and from tlie time which 
had elapsed, and the reluctance manifested by the Indians to re- 
move, it had become necessary to take measures for carrying the 
treaty into effect. But all the difficulties anticipated with this 



302 LIFE AND TIMES 

tribe, were expected to result from the contemplated movement; 
and no one looked to hostile demonstrations on the part of the 
Indians until, and unless thej were required to emigrate. The 
prevailing sentiment in Florida was, that the Seminoles would not 
make a hostile movement before the arrival of the period fixed 
for their departure. Governor Eaton distinctly stated, in a letter 
to the Secretary of War, that their hostilities were entirely unex- 
pected at that time by the people of Florida; and the Secretary 
of that territory communicated the same information. The whole 
correspondence of General Clinch, until just before the commence- 
ment of actual hostilities, indicates the same opinion. The De- 
partment, therefore, had a right to suppose, as it did suppose, that 
General Clinch had time to collect all his force, and to anticipate 
the Indians, should he become satisfied of their hostile designs. 

It is important for the searcher after truth to know, also, the 
amount of the Seminole population. Captain Thurston, in his 
testimony before the court, estimated them at the high figure of 
five thousand. Lieutenant Harris, a very intelligent ofiicer, and 
charged with the duty of providing and distributing the articles 
stipulated by the treaty to be given to the Indians, and well ac- 
quainted with them, estimated them in a report to the War De- 
partment, as not exceeding three thousand, including negroes, of 
which sixteen hundred were females. This was the latest report 
upon the subject, when the war broke out, and derived value 
from the fact, that as certain articles were to be distributed to each 
Seminole, and as Lieutenant Harris had this duty to perform, it 
was obviously necessary for him to use his best exertions to ascer- 
tain the full number, in order to avoid any complaint at the distri- 
bution; and it was as obviously the policy of these Indians not to 
diminish in their repoi t their actual number. General Thompson, 
the Indian Agent, in a letter to the Commissary General of Sub- 
sistence, of August twenty -ninth, 1835, says: " I have resorted to 
all practicable means of information to ascertain, with a probable 
approach to precision, the actual number of the Seminole people, 
and I am induced to believe it very little exceeds three thousand." 

General Scott, in one of his reports after his campaign, states 
that there had never been five hundred warriors collected together 
at one time, in Florida, The President supposed their whole 
force did not exceed five hundred; and previous circumstances 
had given him very favorable opportunities of forming a correct 



OF LEWIS CASS. 303 

opinion npon tLis subject, and no person expected the whole of 
the Indian force would be opposed to ns. Because, a consider- 
able party was desirous of emigrating, and the previous history 
of our Indian wars had furnished example after example, where, 
on the occurrence of hostilities w^ith any of the tribes within our 
borders, a division of the tribe has taken place, that the seceding 
party had uniformly either remained neutral or joined us; and in 
the case of the Serainoles, even, a band of about five hundred 
left their people at the commencem.ent of hostilities, and placed 
themselves within our lines. 

In the rejDort, already alluded to, of the Adjutant General, is 
embodied a report from the Commissioner of Indian Affairs upon 
this subject, in which he states, that assuming the estimate of 
Lieutenant Harris as correct, and supposing the Seminoles equally 
divided on the question of emigration, there wovild be seven 
hundred Seminole males, children, and adults, forming the hostile 
party. He supposes that not more than one half of this, to wit: 
three hundred and fifty persons, were fit to bear arms; but he 
adds, that this hostile party may have received accessions from 
the other party, and also from the Creeks. The current accounts 
of that day justify the belief that but few, if any, of the Creeks 
joined the Seminoles. 

It was under all these circumstances that the Seci*etary of "War 
thought the estimate of five hundred hostile warriors sufficientlv 
high. He was not answerable for the accuracy of the informa- 
tion. He was only answerable for the use which was made of it. 
It was the only basis upon which the government could act. 
And it may with propriety be added, that the number of Indians 
is usually over-rated, rather than under-rated; and that in almost 
all actions we have fought with them, subsequent information has 
reduced the estimate of the numbers originally given upon vague 
calculation. 

There w^ere two periods in the progress of the Seminole difii- 
culties anterior to the commencement of actual hostilities. One 
between the origin of these difficulties, and the pacification, if it 
may so be termed, made by General Clinch, General Thompson, 
and Lieutenant Harris, w^ith these Indians, in April, 1835, when a 
mutual, and apparently a satisfactory arrangement, was made 
with them, by which they agreed to remove during the succeeding 
winter, and the government agreed that they might remain until 



304 , LIFE AND TIMES 

then. The second period intervened between this time and the 
breaking out of the war. 

The change of circumstances induced by this arrangement was 
overk)oked by General Clinch in his testimony, because he refers, 
in proof of the charge lie makes of the negligence of the govern- 
ment, to his letter of January, 1835, to the Department, asking 
for six additional companies. The state of things existing when 
he made that application, and to the time subsequent to the above 
mentioned pacification, was totally different; and it is wrong to 
refer to that application as any step in the series of measures 
havina: relation to actual hostilities. The force in Florida in the 
spring of 1835, was found, by experience, to be enough. It ac- 
complished its object, and led to a mutual arrangement. A person 
looking at the presentation of this letter, with the others by Gen- 
eral Clinch, would suppose that it constituted one of a series of 
demands made by him, and rejected by the government. He 
would never dream that it had a relation to a state of things 
which was terminated peacefully and successfully; and after 
whicii the force under General Clinch was, for some months, 
judged sufficient by him for the protection of the country. While 
he supposed the Indians altogether unfavorable to a removal, he 
estimated the necessary force to control them at twelve companies; 
but when they had consented to go voluntarily, he considered a 
less force necessary, as his letters and proceedings conclusively 
show. 

What are the facts? 

In January, 1835, General Clinch asked for six additional 
companies to strengthen his command, with a view to the re- 
moval of the Seminole Indians '^ in the spring," say in April or 
May, of tliat year. His demand was submitted to the President, 
who decided that four companies should be sent to Florida from 
Fort Monroe, and that General Clinch should be authorized to 
order the company at Key West to join him whenever he might 
think proper. Orders for these purposes were given on the 14th 
of February, 1835. When the estimated force of the Indians is 
taken into view, the just desire of circumscribing the expense as 
far as was prudent, and the material fact that, by the treaty, only 
about one third of the Seminoles could be required to remove 
that " spring " — say short of two hundred disafi'ected warriors — 
the decision of the President must be thought a discreet one. 



OF LEWIS CASS. 305 

But there is a still better authority, if possible, upon this occasion, 
in justification of the measures of the government. That is the 
authority of General Clinch himself. He asked, as the maximum 
of force which could be wanted, eleven companies, or five hun- 
dred and fifty men. He received nine companies, or four hundred 
and fifty men; and he received, also, power to order the company 
from Key West to join him, which would make ten companies, or 
five hundred men. His requisitions were for companies, and 
those requisitions were not neglected. 

Well, then, the force sent to General Clinch carried him through 
the spring. He made an arrangement with the Indians which 
appeared to be satisfactory with them, and was so with the gov- 
ernment, which quieted the frontier and induced the general 
belief that this troublesome matter m- as over. His force was found 
sufficient because his purpose was efiected. 

But General Clinch himself evidently considered a less force 
than that he named — and even a less force than that placed at 
his disposal by the government — adequate to the objects he had 
to attain. He did not call to his aid the company from Key West; 
and it is very important to remark, that while General Clinch 
accused the government, in his testimony before the court, of neg- 
lecting his application for a proper force, during that whole season 
the company at Key West — placed under his command the pre- 
ceding Februar}^ — almost in sight of Florida, and not more than 
one day's sail from its shore, was left by him upon that island, 
and never reached the sphere of his command till the twenty-first 
of December. The order authorizing him to call it to his aid 
must have reached him the beginning of March. During nine 
months, then, deducting the few days necessary to communicate 
his orders to Major Dade, and for that officer to cross over to the 
main land of Florida, General Clinch considered his force suffi- 
cient, or he was guilty of the neglect which he afterwards vainly 
charged to his government. And what stronger proof can be 
given of the assertion already made, that the hostile movement 
of the Indians was unexpected by him who, of all others, was 
charged with watching and restraining them, than this failure to 
employ for that purpose all the force placed at his disposal ? But 
still further : General Clinch, in his letter to the department of 
April first, 1835, after stating his belief that an arrangement would 

be made which would quiet the Indians and be satisfactory to the 
20 



306 LIFE AND TIMES 

government, says that, "should the chiefs come to the conclusion 
to remove quietly, it would be still necessary to keep the present 
force in Florida." The chiefs did consent to remove quietly, and 
the then "present force" was kept in Florida ; and nothing more 
did General Clinch then demand. In all this, where is the neglect 
of the head of the War Department ? 

So passed the first j^ei'iod of the Seminole difficulties. Thus 
did matters remain until fall, without any intimation from Gene- 
ral Clinch that an additional force would be necessary. The first 
suggestion of tliis nature was made on the twelfth of October, by 
Lieutenant Harris, in a personal interview with General Cass, at 
the department. But, as General Clinch had not asked for any 
increase, it was not judged proper positively to direct it. But he 
was, nevertheless, authorized to call for two more companies, one 
from Pensacola, and one from Mobile, if he thought necessary; 
and orders were issued to the commanding officers of those com- 
panies to hold themselves in readiness for an immediate movement. 

On the twenty-first of October, a letter was received from Gen- 
eral Clinch, dated on the ninth of that month, in which he sug- 
gested the propriety of being authorized to call into service one 
hundred and fifty mounted volunteers, to aid in the removal of the 
Indians, and suppress any difficulties which might occur. "But," 
says the report of the Adjutant General, before referred to, " as this 
force was required to aid in the removal, and to prevent difficulties 
which were anticipated, and not to repel hostilities which had 
commenced, or which were then impending, General Clinch was 
informed in answer, on the twenty-second of October, that there 
was no approjjriation authorizing the measure, and that the Pres- 
ident, under existing circumstances, did not consider that the case 
came under the constitutional power to call into service additional 
force for the defense of the country." 

This was the view of President Jackson respecting his own 
powers. General Cass fully approved of it, and so should any 
person who looks at the facts as they were then known at the seat 
of government, and at the constitutional powers of the President. 

"But he was authorized," continues the report of the Adjutant 
General, " to order two more companies, viz: those at Forts Wood 
and Pike to join, which, with the two companies placed at his dis- 
posal on the fifteenth of October, made four companies of regular 
troops, in lieu of the mounted men. On the thirtieth of the same 



OF LEWIS CASS. 307 

montb, orders were given by the Navy Department to Commo- 
dore Dallas, to direct one of the vessels of the squadron to co-op- 
erate with General Clinch in his endeavors to effect the removal 
of the Seminoles. In a letter received on the thirty-first of Octo- 
ber, General Clinch requested that three companies of regular 
troops might be added to his command. He was apprised, how- 
ever, by previous orders, that four had already been placed at his 
disposal." 

General Clinch complained, afterwards, that these troops ought 
to have been sent from the north, rather than from the points 
whence they were ordered. This was a question for the proper 
military officers of the dej^artment at Washington to decide, hav- 
ing reference to the wants of the service and the position of the 
troops. The subject was referred to them, and the selection made 
of the companies enumerated. One leading reason is obvious. 
There was still ground to hope that coercive measures might not 
be necessary. It was, therefore, thought better to place these 
additional troops under the orders of General Clinch, at the near- 
est points to Florida, where they could remain, if not wanted, or 
whence he could speedily draw them when necessary, than to 
order them positively into the country from a great distance. As 
to the delay in their arrival. General Cass neither knew anything 
of the cause, nor is he responsible. The fault or misfortune was 
not in giving the necessary directions, but in their execution. 
Most assuredly, had proper diligence been used, the companies 
from Pensacola, Mobile, Lake Ponchartrain — and they best, could 
have reached Tampa Bay before the period of their actual arrival, 
as shown in the report of the Adjutant General, to wit : the twenty- 
seventh of November, and the twelfth, twenty-fifth, twenty-eighth 
and thirty-first of December. And it is perfectly evident that 
this delay did not originate in the want of time ; for the Key 
"West company, which might have been called into Florida nine 
months before, did not reach there until the twenty-first of Decem- 
ber, nearly a month after the Pensacola company, which was only 
placed at General Clinch's disposal on the fifteenth of October. 

The last measures directed by the government before the com- 
mencement of actual hostilities, are stated in the same report. 

"In his communication from St. Augustine, dated the twenty- 
ninth of November, received on the ninth of December, General 
Clinch reported that, should he find it necessary for the protection 



308 LIFE AND TIMES 

of the frontier settlements, he would assume the responsibility of 
calling out at least one hundred mounted men, believing that the 
measure would be sanctioned by the President and the Secretary 
of "War. This approbation was communicated to him on the same 
day; and in addition to it, a letter was addressed to the Governor 
of Florida, requesting him to place at the disposal of General 
Clinch any militia force which that officer might require. Of this 
General Clinch was informed. He was also informed that, at the 
request of General Hernandez, orders would be given, through the 
Ordnance Department, to issue live hundred muskets, and the 
necessary accoutrements, to the militia." 

Here terminated all the demands of General Clinch for troops, 
prior to the commencement of hostilities ; with this exception, 
however, that on the ninth of December, he suggested the expe- 
diency of substituting four companies from the north instead of 
the four from the south, as the latter might not reach the country. 
But at the moment when the letter was written, one of these com- 
panies had already been two weeks at Tampa Bay, and all of 
them were there before the letter reached the War Department. 
So that suggestion was evidently impracticable. 

Now let us slightly review this matter. We will pass over the 
first period, in order not to encumber the subject, and because an 
arrangement was made which, for some time, seemed to promise 
permanent tranquillity. 

General Clinch had eight companies with him, and one more 
within his reach ; and these, as has been shown, he deemed suffi- 
cient. His next demand was for three more companies, and this 
was succeeded and met by giving him four. He asked for one 
hundred and fifty mounted men, but the President did not feel 
authorized, in the then state of affiiirs, to call for them. He then 
subsequently stated he should ask the Governor of Florida for one 
hundred men, if he should find it necessary for the protection of 
the frontier. The President, believing that circumstances were 
then sufficiently menacing to justify this measure, gave his sanc- 
tion to it ; and, in addition, without any demand from General 
Clinch, he placed the whole militia of the Territory, through the 
Governor, at his disposal. 

Now, as a matter of fact. General Clinch had a far greater force 
under his command than he ever required. It is not meant that 
he had collected them together. That was not the duty of the 



OF LEWIS CASS. 309 

head of the department. The measures adopted at Washington 
ought to have given him the full complement of regular troops 
asked for ; in addition to which, he embodied five hundred militia, 
and that force was with him, as stated by the Adjutant General, at 
the battle of Withlacoochie, on the thirty-first of December, 1835. 
Why it was not in the engagement, has not been satisfactorily 
explained. General Clinch's personal conduct on that day was 
beyond all reproach, and never was the honor of the American 
arms more nobly sustained than by the regular troops. But this 
most favorable opportunity of terminating the war, by striking a 
decisive blow, was lost. The combat was sustained by about two 
hundred regular troops ; indeed, it is said, by twenty-five or thirty 
militia. And why was not the whole force in action? A narrow 
stream, like the Withlacoochie, ought not to have prevented Amer- 
ican riflemen from crossing upon logs — upon rafts, by swimming 
their horses, to take part in the struggle, unequally but gallantly 
maintained by their countrymen, within full sight ; more espe- 
cially as there could be no danger from the enemy in crossing, the 
regular troops covering the banks of the river. The regulars 
crossed early, and it was some time after they effected their pas- 
sage before the action commenced. The enemy was repulsed by 
two hundred men. Who can doubt but that there Mas force 
enough, had it been properly directed and employed, to terminate 
the war at once? If these five hundred spectators had been 
brought into action, and the enemy broken and pursued by the 
horsemen, the victory might have been as decisive as any of those 
gained under happier auspices in the same section of the Union. 
If these troops were prevented, by insurmountable obstacles, from 
participating in the contest. General Clinch owed to them a full 
development of the circumstances. If they were prevented by 
any less justifiable cause, General Clinch owed to himself, to the 
regular troops, to justice, and to his country, a plain and unequiv- 
ocal disclosure of the truth, bear where it might. 

So much for the year 1835. The charge of General Clinch 
against the AVar Department extends to the year 1836 ; and he 
continues his accusation of neglect, asserting that a competent 
force and competent supplies were not provided " early " in that 
year. 

It will be conceded that the eighth of January may be fairly 
said to be " early " in 1836. Well ; then, on the eighth of January, 



310 LIFE AND TIMES 

authority was given to General Clinch to call for any amount 
of force he might require, from the States of South Carolina, Geor- 
gia, and Alabama ; and this measure was taken upon the respon- 
sibility of the dejjartment, and without any application from that 
officer ; and the necessary requests were trar.smitted to the execu- 
tives of these States. And on the tenth and thirteenth of the same 
month, upon the suggestion of the War Department, orders were 
given for the employment of three revenue cutters, and for the 
co-operation of Commodore Dallas' squadron. 

The seventeenth of January was "early" in the year 1836. 
Well ; then, upon the seventeenth of January, fearing, from the 
intelligence, which every day became worse, that the communica- 
tion with General Clinch might be intercepted, and he thus pre- 
vented from executing the orders of the government, General 
Eustis, then at Charleston, was directed to ])roceed to Florida, and 
to take all necessary measures to keep open the communication 
with General Clinch, and to report to him for further instructions. 
General Eustis was directed to take with him the garrisons at 
Charleston and Savannah, and such a portion of the South Caro- 
lina militia as he might deem necessary ; and the Governor of that 
State was requested to supply him with that force. 

It may be said, again, tliat the twenty-first of January, 1836, 
was "early" in that year. Very well ; on the previous day the 
first intimation reached the department of the unquiet disposition 
of the Creeks, and of the probability of their joining the Seminoles. 
It instantly became apparent that much more extensive operations 
might become necessary than had been contemplated. It was 
immediately determined to adapt the measures to be taken to this 
new state of things, and General Scott, with ample powers, was, 
on the twenty-first, ordered to take the command in that quarter, 
and he had unlimited means placed at his disposal. The measures 
taken for the employment of the proper force is what the head of 
the department is responsible for, not the execution of the meas- 
ures. When a force is directed to any point, the proper military 
bureaus of the War Department make arrangements with or with- 
out the conjunction of the officer commanding, for all the materiel 
which can be required ; and that officer has, besides, the right to 
make his requisitions, and, if necessary, to make the purchases for 
everything he needs. 



OF LEWIS CASS. 311 

These are details into which no head of the War Department 
can have time to enter, and it is precisely for their execution that 
the military bureaus are instituted. The Adjutant General states, 
in the report before mentioned : " I have not considered it neces- 
sary to detail, in this report, the orders given by the various mili- 
tary bureaus of the War Department, to provide the necessary 
means, such as transportation, ordnance, and ordnance stores, and 
provisions for the operations in Florida. All the measures in 
relation to these subjects, which appeared to be necessary, were 
duly taken." It was, at no time, alledged that the operations in 
Florida were crippled for want of supplies. 

The failure of a campaign is an old subject for crimination and 
recrimination. In all ages and countries it has been futile in dis- 
putes ; sometimes confined to the officers themselves, and some- 
times extending to the administration of the government. To 
bring these observations to a close, let it suffice to say that the 
Secretary of AVar differed from the commanding officer in relation 
to the policy to be adopted in carrying out the treaty of Payne's 
Landing. When it was intimated that some of the Seminoles 
distrusted the good faith of their chiefs, after their return from 
their tour of observation beyond the Mississippi, and began to 
give signs of discontent. General Cass was for urging the removal 
at once. He would have the emigration commence in the spring 
of 1835, instead of waiting until the fall or winter following. lie 
had had too much experience with the Indians, and knew their 
character too well, not to be at least suspicious that, when fall 
came, another postponement would be asked for, and procrastina- 
tion would become the studied policy of the Seminole nation at 
large. By the adoption of vigorous measures of removal, the 
Indians would be prevented from making much, if any, hostile 
demonstration ; and as to the humanity of the measure, if it was 
in consonance with right to insist upon removal taking place in 
1836, so it was in 1835. Probably, if this i^olicy had obtained, 
much blood and treasure would have been saved, and many valu- 
able lives spared to the country. As it was, after actual hostilities 
broke out, all that he could do was to exert all the power which 
the government possessed in bringing the war to a triumphant 
termination. This was done, and General Scott took the command, 
with carte Uanche as to men, means, and plans. His measures 



312 LIFE AND TIMES 

were left to his own discretion, and he was authorized to call from 
the neighboring States sucli force as he might judge adequate to 
the attainment of the objects committed to him ; and the various 
military departments were directed to provide and furnish all the 
supplies demanded. It follows, of course, that the government was 
not responsible for results. They did what every wise government 
should do in such a juncture. They sanctioned the full employ- 
ment of all the means judged necessary by those upon whom was 
to devolve the conduct of the war. The main reliance, after all, 
as in most other wars in which our country has been engaged, was 
necessarily upon the militia. The small amount of our regular 
army, its dispersed condition, and the numerous points it is called 
upon to maintain, rendered it impracticable to carry on operations 
by its means alone, and, added to these considerations, there were, 
during a part of the Seminole campaign, strong reasons which all 
will appreciate, having reference to our foreign relations, which 
rendered it inexpedient to withdraw all the troops from the Atlan- 
tic and south-western frontiers. 

There was not a report received of the operations in Florida, 
from the first apprehension of diflSculties, which was not sub- 
mitted to the President, nor any measure of importance taken, 
which was not first approved by him. No confidence is violated 
by making this announcement. And it is well known, that from 
the practice and organization of our government, the heads of the 
departments are in daily communication with the President, and 
that all questions of much interest are discussed with him ; and to 
those who know the habits of rigid scrutiny which General Jack- 
son carried with him into public life, it is not necessary to say, 
that no question could be presented to him which he did not care- 
fully consider. In the examination of papers, he was remarkable 
for the most patient attention, and it is not invidious to say, that 
no man brought to every subject quicker powers of perception, nor 
a more intuitive sagacity. This authority is not resorted to for the 
purpose of shielding General Cass from responsibility under the 
constitutional prerogative of the President. The Secretary was 
ready at all times to acknowledge and feel his own responsibility 
to the fullest extent, and is always prepared to meet it. The 
measures directed by him became his measures, whether approved 
by the President or not ; but the opinion of Andrew Jackson^ the 



OF LEWIS CASS. 313 

Secretary was not indifferent to ; and his views concerning the 
operations in Florida possessed peculiar value, because of his in- 
timate knowledge of the country, and of those Indians who inhab- 
ited that region, acquired during years of service there in a military 
and civil capacity, and of those personal claims to consideration 
which will be as undying as the history of our country. 



314 LIFE ^ND TIMES 



CHAPTER XXI. 

Battle of New Orleans— Intimacy between General Jackson and General Cass — Tlio Latter at the re- 
quest of the Former prepares an Authentic Account of the Battle — Appears in the American 
Quarterly — Defenses of the Country — General Cass' Report on the Subject. 

In tlie December number of tlie American Quarterly, published 
at Philadelphia, appeared an article upon a book published in 
London, in 1834, entitled " A Narrative of Events in the South of 
France, and of the Attack on New Orleans in 1814 and 1815, bj 
Captain John Henry Cook, late of the forty -third Regiment of 
Infantry." It was a work not without interest. The author re- 
lated occurrences which passed before his eyes, during a period 
of active military service in Europe and America. Many of his 
descriptions were spirited and racy ; and he exhibited a commend- 
able effort at impartiality, and a spirit of free investigation. In 
his sketches of the battle of New Orleans, he was, however, im- 
perfect ; and so many accounts of that important transaction had 
from time to time appeared — differing from each other — that Gen- 
eral Jackson felt a desire that an authentic account should be 
given, not only of the actual events of the eighth of January, but 
of the fortnight previous, and of the condition of that part of the 
country — of the true state of his command, and of the difficulties 
with which he had to contend. He asked his old friend. General 
Cass, to draw up the paper, and hence the appearance of the arti- 
cle alluded to. It was prepared with much care, and under the 
eye of General Jackson. It covered, in a condensed form, but yet 
at sufficient length to go into detail, the history of the attack and 
defense of New Orleans, and of the glorious triumph of the Amer- 
ican arras, and the rout of the British. The style and language, 
as is usual with all the literary productions of its author, were in- 
viting, and gave the President great satisfaction. 

"On the night of the seventh of January," says this article, 
" the American lines were manned by the troops, Mdio were aware, 
from the incidents around them, that the enemy was preparing for 



OF LEWIS CASS. 315 

the attack. The British had collected about forty boats, some of 
them armed with cannon, which were yet lying in the canal, ready 
to receive on board the detachment destined for the operations on 
the right bank of the river. Many a sleepless eye watched the 
slow progress of that night — many, indeed, which never watched 
again. No man can contemplate, without emotion, the approach 
of such a struggle as was then evidently impending. When the 
blood is up, and all the excitement of battle around us, the mind 
is withdrawn from the reflection of danger, or rather is elevated 
above it. Duty, hojje, shame, habit, discipline, all conspire to 
stimulate to exertion. But ' the pain of death is most in apprehen- 
sion.' It is in the stillness of the night, and of solitude, that those 
thoughts come over us, which are told in such burning words by 
the great dramatic poet of our father-land, when, 

' , the dread of something after death. 



The undiscovered country, from whose bourne 
No traveler returns — puzzles the will.' 

"The whole scene, with its associations, must have been singu- 
larly impressive to an Englishmati — to a native of the older world, 
who had never seen the works of nature spread out in that mag- 
nificence which marks her operations upon this continent. Before 
him is that mighty river, of which he had heard from his infancy, 
rolling its endless floods to the ocean, and seeking its supply in 
tlie fountains of the north ; traversing regions of boundless forests 
and perpetual solitude, and overtopping the rich but narrow plain 
which man had gained from its dominion. High up, on its trunk 
and tributaries, those nomades wander, whose origin is a mystery; 
whose condition, habits, institutions and history have arrested the 
attention of Christendom, since the veil which insulated them and 
their world has been withdrawn ; whose fierce passions have 
always been gratified in the blood of friend and foe ; who have been 
stationary, not in position, but improvement, while everything 
around them has been changing ; and whose destiny we have no 
pleasure in anticipating. Around him is the primeval forest, bid- 
ding defiance to the slow progress of human industry, shown, and 
scarcely shown, in the little fertile tract it has taken a centiu-y of 
labor to reclaim. The promised city — the object of his hopes 
and toils — is within his sphere of vision, though shrouded from 
his view by the obscurity of the night, and guarded against his 



316 LIFE AND TIMES 

api:)roach by an enemy he came to conquer without an effort, but 
whom, he now fears, no effort can conquer. The river is sending 
up its dense canopy of fog, which gradually encircles all objects, 
animate and inanimate, and circumscribes the lonely spectator 
within his own narrow world. His companions had fought in 
many a foreign clime ; at Corunna, at Busaco, at Cuidad Rodrigo, 
at Badajoz, at Salamanca, at Yittoria, at Toulouse, at Martinique, 
and at other famous battles ; and where they had seen the elete of 
Europe flee before them, and its proudest fortresses yield to their 
impetuous valor. l!^ow they had been foiled by a band of hus- 
bandmen — a 'posse comitatus,' 'dressed in colored clothes,' 
'wearing broad beavers,' 'armed with long duck guns;' 'by 
lumps and crowds of American militia,' and 'by round-hatted 
Americans,' but who, with practiced weapons, with etout hearts, 
sharp eyes, and steady hands, had placed themselves in the path 
between them and their prey." 

The r.rticle tilled some sixty pages of the Review, and was read 
with avidity by all classes. It not only told the whole story, but 
it in fact came from the hero of that immortal day in the history 
of American warfare. 

On the seventh of April, 1836, General Cass presented to the 
President his report, relative to the military and naval defenses 
of the country, and on the following day, General Jackson trans- 
mitted the same to Congress, approving of the report generally, 
and especially adding his concurrence in the views expressed by 
the Secretary on the topics of difference between him and the 
Engineer bureau. 

The report was ably drawn up, and amid the variety of opin- 
ions entertained by many prominent statesmen and military men 
of high rank, removed much of the misconception prevalent, as to 
the wants of the country, both in peace and war. It recognized 
the benefits to be derived from properly appropriated fortifica- 
tions, but earnestly recommended a discriminating and judicious 
application of the public money to the erection and full equip- 
ment of fortifications at certain definite localities, under the full 
belief that the adoption of such a policy would be more advanta- 
geous for general defense, than an indefinite, hap-hazard system 
of construction and equipment, as the dominant caprice of Con- 
gress might from time to time adopt. 

After a scrutinizing examination of the nature and condition 



OF LEWIS CASS. 317 

of the northern frontier, washed by those seas which extend along 
its borders, the report expressed the opinion that it did not 
require permanent defenses, and that we might safely rely for its 
security upon those resources, both in the jpersonnel and materiel 
which the extent and other advantages of our country ensure, 
and which must give us the superiority in that quarter. It sug- 
gested, however, the expediency of establishing a de])ot for the 
reception of munitions of war, in some part of the Peninsula of 
Michigan, and to strengthen it by such defenses as will enable it 
to resist any coujp de main that might be attempted. From the 
geographical features of the country, our possessions there receded 
from their natural points of support, and were placed in immedi- 
ate contact with a fertile and populous part of the neighboring 
colony. In the event of disturbances, the ordinary communica- 
tions might be interrupted, and therefore it was advisable to have 
in deposit a supply of all the necessary means for offensive or 
defensive operations, and to place these beyond the reach of any 
enterprising officer who might be disposed, by a sudden move- 
ment, to gain possession of them. 

It was upon the sea coast of three thousand miles' extent, that 
General Cass thought fortifications should be erected and a line 
of defenses established. This, in case of war, could be used in 
co-operating w^ith the naval power. If the ocean, the great medi- 
um of communication and the element at the same time of sepa- 
ration and of union, interposed peculiar obstacles to the progress 
of hostile demonstrations, it also offered advantages which M^ere 
not less obvious, and which, to be successfully resisted, requires 
corresponding arrangements and exertions. These advantages 
depended on the economy and facility' of transportation — on the 
celerity of movement, and on the power of an enemy to threaten 
the whole shore spread out before him, and to select Ijis point of 
attack at pleasure. " A powerful hostile fleet upon the coast of 
the United States," remarks the Secretary, "presents some of the 
features of a war where a heavy mass is brought to act against 
detachments which may be cut up in detail, although their com- 
bined force would exceed the assailing foe. Our points of expo- 
sure are so numerous and distant, that it would be impracticable 
to keep, at each of them, a force competent to resist the attack of 
an enemy, prepared by his naval ascendency and his other 
arrangements, to make a sudden and vigorous inroad upon our 



318 LIFE AND TIMES 

shores. It becomes us, therefore, to inquire how the consequences 
of this state of things are to be best met and averted. 

" The first and most obvious, and in every point of view, the 
most proper method of defense is an augmentation of our naval 
means to an extent proportioned to the resources and the necessi- 
ties of the nation. I do not mean the actual construction and 
ecpiipment of vessels only. The number of those in service must 
depend on the state of the country at a given period. But I mean 
the collection of all such material as may be preserved without 
injury, and a due encouragement of those branches of interest 
essential to the growth of a navy, and which may be properly 
nurtured by the government, so that on the approach of danger 
a fleet may put to sea without delay, sufficiently powerful to meet 
any force which will probably be sent to our coast. 

" Our great battle upon the ocean is yet to be fought, and we 
shall gain nothing by shutting our eyes to the nature of the strug- 
o-le, or to the exertions which we shall find it necessary to make. 
All our institutions are essentially pacific, and every citizen feels 
that his share of the common interest is effected by the derange- 
ment of business, by the enormous expense, and by the uncertain 
result of a war. This feeling presses upon the community and 
government, and is a sure guarantee that we shall never be pre- 
cipitated into a contest, nor embark in one, unless imperiously 
required by those considerations which leave no alternative be- 
tween resistance and dishonor. Accordingly, all our history 
shows that we are more disposed to bear while evils ought to be 
borne, than to seek redress by appeals to arms ; still, however, a 
contest must come, and it behooves us, while we have the means 
and the opportunity, to look forward to its attendant circumstan- 
ces, and to prepare for the consequences. 

" There is as little need of inquiry now into our moral as into 
our physical capacity to maintain a navy, and to meet upon equal 
terms the ships and seamen of any other nation. Our extended 
commerce, creating and created by those resources which are 
essential to the building and equipment of fleets, removes all 
doubts upon the one point, and the history of our naval enterprise 
from the moment when the colors were first hoisted upon the hast- 
ily prepared vessels, at the commencement of our revolutionary 
struggle, to the last conquest in which any of our ships have been 
engaged, is equally satisfactory upon the other. The achievements 



OF LEWIS CASS. 319 

of our navy have stamped its character with the country and 
the world. The simple recital of its exploits is the highest 
eulogium which can be pronounced upon it. AVith ample means, 
therefore, to meet upon the ocean, by which they must approach 
us, any armaments that may be destined for our shores, we are 
called upon by every prudential consideration to do so. Though 
all wars in which we may be engaged will probably be defensive 
in their character, undertaken to repel or resent some injury or to 
assert some right, still the objects of the war can be best attained 
by its vigorous prosecution. Defensive in its causes, it should be 
offensive in its character. Our principal belligerent measures 
should have for their aim, to attack our antagonist where he is 
most vulnerable. If we are to receive his assaults, we abandon 
the vantage ground, and endeavor, in eifect, to compel him to do 
us justice by inviting his descent upon our shores, and by all 
those consequences which mark the progress of an invading force, 
whether for depredation or for conquest. By the ocean only, can 
we be seriously assailed, and by the ocean only can we seriously 
assail any power with which we are likely to be brought into 
collision." 

After setting forth strong reasons for providing liberally for 
naval operations, the report proceeds: 

" It seems to me, therefore, that our first and best fortification 
is the navy. Nor do I see any limit to our naval preparations, 
except that imposed by a due regard to the public revenues from 
time to time, and by the probable condition of other maritime 
nations. Much of the materiel employed in the construction and 
equipment of vessels is almost indestructible, or at any rate may 
be preserved for a long series of years ; and if ships can be thus 
kept without injury upon the stocks, by being built under cover, 
I do not see what should restrain us from proceeding to build as 
many as may be deemed necessary, and as fast as a due regard 
to their economical and substantial construction will permit, and 
to collect and prepare for immediate use all the munitions of 
war and other articles of equipment not liable to injury or decay 
by the lapse of time. Nor do I see that these preparations should 
be strictly graduated by the number of seamen who would prob- 
ably enter the service at this time or within any short period. To 
build and equip vessels properly requires much time, as well with 
reference to the execution of the work as to the proper condition 



320 LIFE AND TIMES 

of the materials employed. And the costly experiment made by 
England, when she too hastily increased her fleet, about thirty 
years ago, by building ships with improper materials and bad 
workmanship, ought to furnish us with a jDrofitable lesson. Those 
vessels soon decayed, after rendering very little service. Naval 
means should, therefore, be provided at a period of leisure, to be 
ready for immediate employment in a period of exigency; and a 
due regard to prudence dictates that these means should so far 
exceed the estimated demands of the service as to supply in the 
shortest time any loss occasioned by the hazards of the ocean and 
the accidents of war. We may safely calculate that the number 
of seamen in the United States will increase in proportion to that 
rapid augmentation which is going on in all the other branches of 
national interest. If we assume that, at a given period, we may 
expect to embark in war, our capacity to man a fleet will exceed 
our present means by a ratio not difficult to ascertain. And even 
then, by greater exertions, and perhaps higher wages, a larger 
portion may be induced to enter the naval service, while no exer- 
tions can make a corresponding addition to the navy itself, but 
at a loss of time and expense and a sacrifice of its permanent 
interests." 

General Cass, in this celebrated report, repelled the idea of 
shutting up our coasts by fortifications, and insisted that no nation 
would embark in the Quixotic enterprise of conquering i\ns, coun- 
try. And, hence, that any army thrown upon our coast would 
push forward with some definite object to be attained by a prompt 
movement and vigorous exertions. He showed, too, that the system 
of fortifications adopted in Europe was inapplicable to America, 
and referred to our own experience as proof positive that an invad- 
ing- force could only command but little more than the position 
it actually occupied. He reasoned that, perhaps England might 
be considered conquered if London was taken — France, if Paris 
fell — but no such consequences would flow to this country by the 
capture of Washington. 

"Our seats of government," said he, "are merely the places 
where the business of the proper departments is conducted, and 
have not, themselves, the slightest influence upon any course of 
measures, except what is due to public opinion and to their just 
share of it. If the machine itself were itinerant, the result would 
be precisely the same. Or, if, by any of the accidents of war or 



OF LEWIS CASS. 321 

pestilence, the proper authorities were compelled to change their 
place of convocation, the change would be wholly unobserved, 
except by the few whose personal convenience would be afiected 
by the measure. Nor have our commercial capitals any more 
preponderating influence than our political ones. And although 
their capture by an enemy, and the probable loss of property and 
derangement of business which would be the result, might seri- 
ously affect the community, yet it would not produce the slightest 
effect upon the social or political systems of the country. The 
power belongs to all and is exercised by all." # 

After going over the subject of the national defenses, in all its f-—-^ 
ramifications, and discussing in detail the advantages and disad- 
vantages of each locality, he put his suggestions in a practical 
form, under the following heads of recommendation: 

1. An augmentation of the navy. 

2. The adoption of an efficient jDlan for the organization of the 
militia. 

3. The cultivation of military science, to the end that we may 
keep pace with the improvements in all the branches of that 
advancing science. 

4. The skeleton of a regular establishment, to which additions 
might be made from time to time, as the public exigency should 
require — securing, at the same time, economy, with a due power 
of expansion. 

5. The preparation and proper distribution of all the munitions 
of war. 

6. Defensive works then in process of construction to be 
finished. 

7. All the harbors and inlets upon the coast, where there are 
cities or towns whose situation and importance create just appre- 
hension of attack, and particularly where we have public naval 
establishments, should be defended by works proportioned to any 
exigency that might probably arise. 

8. Provision to be made for the necessary experiments to test 
the superiority of the various plans that may be offered for the 
construction and use of steam batteries, meaning batteries to be 
employed as accessories in the defense of harbors and inlets and 
in aid of the permanent fortifications. 

9. A reconsideration of the project for fortifying the road- 
steads or open anchorage grounds, and its better adaptation to the 

21 



322 LIFE AND TIMES 

circumstances of the country. And then, in connection with the 
prosecution of the public works, he recommended: first, tliat the 
corps of engineers should be increased ; and, secondly, that when 
the plan of a work has been approved by Congress, and its construc- 
tion authorized, the whole appropriation should be made at once, 
to be drawn from the treasury in annual installments, to be fixed 
by the law. 

A report so complete, upon a subject of such intrinsic import- 
ance, could not fail to arrest the attention of the people, and 
receive the consideration of Congress. It did so. The leading 
features of the recommendations are incorporated into our system 
of national defenses, and conserved the great business interests of 
the country and the sovereignty of the nation. And its author, 
for this labor, if for no other, is entitled to the lasting gratitude 
of the republic. 

With other heavy cares of office making large drafts upon his 
time and thoughts, nothing but the dictates of the truest patriot- 
ism could have prompted his efforts. If he had been so disposed, 
he could very well have confined his attention to the ordinary 
routine of departmental life, and acquitted himself honorably, as 
the stereotype phrase goes; and if, perchance, he had happened 
to stumble upon some new project, however utterly foreign to the 
general scope of a cabinet officer, upon that could he have rej^osed 
for fame, — temporary, most assuredly, but, nevertheless, sufficient 
for the ephemeral quid-nuncs of to-day — known but yesterday 
and forgotten to-morrow. 



OF LEWIS CASS. 323 



CHAPTEK XXIL 

General Cass' Health — Desires to leave the Cabinet— Accepts the French Mission — Voyage jt^cross the 
Atlantic— Reception at the Court of St. Cloud — General Cass as a Diplomatist— His /iutie^^ — Hia 
Memoranda of Court Customs— French Life — An Emeute — French Manners — French Knjwlcdge. 



General Cass' ambition in being a member of the American 
Cabinet at "Washington, was early gratified; and, as ihe reader 
already has been apprised, he so informed the President at the 
commencement of his second terra. Itwas more in conformitj^ of 
the wish of the President, than of his own, th.it he remained a 
member. He continued in the discharge of the duties of Secre- 
tary of War until the summer of 1836, w^en, finding that his 
health was failing, because of the assiduousness which a proper 
discharge of the duties of the position demanded the year round, 
he acquainted the President of his desire co withdraw from public 
duties, and in retirement refresh his ex^iausted energies. 

General Jackson was loth to part ci)mpany with his old friend, 
and would not listen to the idea of iis going into private life. A 
month, probably, elapsed befol^3 'he President signified his wil- 
lingness to accept the resignation; and even then it was condi- 
tional. The President was- billing to exchange General Cass 
from the War office to tha* of a Foreign Ambassador at the Court 
of St Cloud; and the acceptance of the Secretary's resignation 
in this modified form was assented to by General Cass, coupled 
with the condition that he should be permitted to travel on the 
continent and in tte countries of the east, as soon as the business 
of the Legation j?c Paris would permit. 

An important historian, in alluding to General Cass at the 
time he held tlie "War post in General Jackson's cabinet, stated 
that, " In the important station which he now holds, his sphere of 
usefulness is enlarged, and none of his predecessors ever enjoyed 
a greater share of public confidence. Strict and punctual in his 
business habits, plain and affable in his manners, with powers of 
mind which grasp, as it were by intuition, every subject to which 
they are applied — united to various acquirements." 



324 LIFE AND TIMES 

General Cass retired from the Department of War with a 
voluntary letter from the President, expressive of the warmest 
thanks for his valuahle services, and earnest wishes for his wel- 
fare; and in October following he embarked in the ship Quebec, 
at New York, for Paris, accompanied by his family. Our diplo- 
matic relations with that country had been for some time suspended, 
owing to the failure to make the payments due to us, agreeably to 
treaty stipulations, for injuries done to our commerce. The money, 
however, having been paid, there was no reason why this state ol 
alienation should continue, and the necessary measures to renew 
the intercourse were therefore taken. But as no direct commu- 
nication had taken place between the two governments, General 
Cass was in*5ti-ucted to repair to London, and there to wait till it 
was ascertained that he would be received, and that a corres- 
pondent step would be taken by France. The British government 
acted as the interiiiediary upon this occasion, and immediately , 
received assurance? that the advances of the United States would 
be met in an equall}> friendly spirit. Accordingly, an envoy was 
appointed, and after spending a few days in England, awaiting 
the result, our Minister i-epaired to Paris, where his reception was 
all an American could rec^ulre. 

This was General Cass' hvsL voyage across the ocean, and the 
first time in a public life of Yliirty years, that he had turned his 
back upon his native land; an^ jie now did bo, only to again set 
his face towards the stars and stixp^s he loved so well, as soon as 
he could receive his exequatur ii\ns\ Louis Phillippe. All the 
knowledge that books could give ^f the countries to which he 
went. General Cass had by heart; anvj. sow the favorable oppor- 
tunity had come for him to learn, by ;^eigonal observation, how 
near or how far astray he was, from theiv tmthful condition and 
position in the mighty scale of nations, ^t had seen America 
and American life, in all its diversified phaaes from the dreary 
and barbarian wilds of Superior, to the pleasant and soul-inspir- 
ing savannas of the southern latitudes; he had, time and again, 
with the terrific war-whoops and death-song ringing iheir startling 
and melancholy cadence upon the ear, smoked the pip^ of peace, 
and refreshed himself in the rude wigwam of the savagt; and he 
had as often, and more, moved "the observed of all observers," in 
the most enlightened society, and among the most accomplished 
men of his time. lie had witnessed, with equal pain, the treachery 



OF LEWIS CASS. 325 

of the savage, and the intrigue of civilized life. By no means an 
inattentive observer of the springs of human nature, whether in 
its primitive or cultivated state, he had drawn valuable lessons 
of wisdom from these wells of experience. He was now on the 
verge of the fifty-fourth year of his life. He had already been 
favored with a longer lease of human existence than many men; 
and many and many of his most valuable and cherished friends 
he already had missed from earth. As to political preferment, 
and the enjoyment of the distinction of office, already did he feel 
himself abundantly gratified. He had received the favor, in an 
unbroken line, of each successive President from the commence- 
ment of the present century, and partaken of their unlimited 
confidence. His remaining ambition was to maintain the dignity 
of his government at the proud Court to which he was now ac- 
credited, and, in contentment, familiarize his mind with all that 
he had read of, in the classics of his youthful days, and in the 
chronicles of the modern traveler. Much the larger portion of 
his active life had been passed by General Cass amid the struggles 
of a new country, where man and nature were contending for the 
mastery, and where the conversion of the forest and the prairie 
into pleasant farms and cultivated fields, could only be effected 
by indefatigable labor and by constant privations. He was now 
exchanging primeval solitudes, the haunts of the red man and of 
the animals, his co-tenants of the forest whom God had given to 
him for his support, for the highest state of improvement ; for 
regions where the wealth and industry of long ages had been 
striving to embellish, and to cover with everything essential to 
human luxury and comfort. It is difficult to conceive a greater 
contrast than that which met his eye when he compared the 
splendors of Paris with the remote scenes of forest and prairie, 
where much of his life had been spent. But the display of 
European magnificence changed in nothing, either the sentiments 
or habits of General Cass. He returned as he went, a plain 
American, with his attachment to his country increased instead 
of diminished, by the artificial and unequal state of society which 
he witnessed abroad. 

Immediately upon reaching the gay capital of France, he pre- 
sented his letters of credence to the French government, and re- 
ceiv^ed permission to dwell near it. This mission was among the 
most important from the United States at all times, and eminently 



326 LIFE AND TIMES 

80 on this occasion. Diplomatic negotiations had been inter- 
rupted bj the tardy payment of the indemnity for spoliations of 
American commerce. Under these circumstances, the new Amer- 
ican Minister was specially directed to ascertain what were the 
feelings of the French government towards the United States. 
Scarcely had he been presented to the King than he undertook to 
procure the interest on the indemnity of tM^enty-five millions of 
francs, which had been retained at the time the principal was 
paid. In this he was presently successful, and thus had the satis- 
faction of terminating the dispute, which, at one time, threatened 
to involve the litigating powers in a war. 

The fame of General Cass — as a man of superior talents, and 
for a long period occupying a distinguished position among his 
fellow countrymen — had preceded him in this great metropolis of 
Europe, and the leading capital of the civilization of the world. 
Not only diplomatists and statesmen sought the opportunity to 
make his acquaintance, but even the most illustrious literary men 
gathered around him, and paid him their tribute of respect. 

The manner in which the American envoys, not unfrequently, 
conducted themselves towards their countrvmen, was far from 
what it ought to have been. Many of these gentlemen seemed to 
have forgotten that they were the representatives of a people, 
each one of whom had a claim upon their attention as far as means 
and time would permit, but appeared to imagine themselves the 
representatives of an autocrat or monarch, of whom an humble, 
private citizen, had no right to ask the least service or attention; 
and when accorded, to be considered as a condescension and a 
favor. Of all this no person was better aware than General Cass, 
and he determined to reform it altogether. Nor was he unmind- 
ful of the position which his country entitled him to take in his 
intercourse with the many Diplomats accredited at that Court. 
The following anecdote may be taken as an instance: 

From time immemorial it had been the habit of the representa- 
tives of the great Euroj^ean powers to prepare the discourses which 
were made to the Kings on New Year's day and other special oc- 
I casions, when the Diplomatic corps presented itself in a body at 
the Courts. During his embassy in France, after having assisted 
at the first of these ceremonies, and heard the speech made to the 
King by the Pope's nuncio, as the organ of the diplomatic body, 
General Cass took occasion to wait upon the ambassadors of the 



OF LEWIS CASS. 827 

great powers, and to inform them that, as he represented a country 
of some importance in the world, he felt that as its representative 
he should be consulted as to the appropriate language to be used, 
iu the annual discourse made to the Chief of the State, and that 
on all public occasions, if he should not be so consulted, he owed 
it to his government to decline accompanying the diplomatic body, 
and to ask for a personal and separate interview with his majesty, 
where he could use such language as the honor and interest of his 
own country might require. The success of this movement was 
immediate and complete. These ambassadors and ministers as- 
sured General Cass that no offense was intended towards him or 
his country, but that the old usage had been continued because 
no American Minister up to that time had ever objected to it. 
From that time General Cass was always consulted on these oc- 
casions, and it is presumed that the precedent thus established has 
been continued ever since in the person of his successor. 

His conduct was unexceptionable. All Americans who visited 
Paris, while he was the representative of the United States there, 
bear united testimony to his uniform courtesy and politeness. 
His house was always open to American citizens, and his hospi- 
tality and kindness towards them, of the most liberal character. 
His object was to make his fellow countrymen feel at home when 
under the flag of the Legation, even in the land of strangers. And 
how admirably well he succeeded in doing so, let those of our 
readers who happened to sojourn in Paris during his mission, 
furnish the reply. His expenses, it is true, far exceeded his salary, 
and diminished his private resources. But, as in all other previous 
offices, he was determined to do his whole duty; and whatever 
pecuniary loss to him it might occasion, he resolved to forego, re- 
serving to himself the perfect right to withdraw from the post, 
whenever the higher duty to his family and himself should require 
him to do so. 

The interruption of diplomatic intercourse between France and 
the United States, had caused a great accumulation of business in 
the office of the Legation ; and to the immediate dispatch of this, 
General Cass employed the first months of his residence at Paris. 
The tide of travel, too, from the United States, was accumulating 
upon the Continent, and through Paris, of course, it thronged. 
In carrying out the new regulations of the Legation, with reference 
to its conduct towards them, an extra amount of labor was thrown 



828 LIFE AND TIMES 

upon the Minister ; but it was a labor of pleasure ; it was not toil, 
but a consumption of time. 

Presentation to the king was always a part of the programme 
which each visitor had pre2:»ared. Different motives prompted 
this desire. With some, to learn, by personal intercourse, the 
manners and customs of a monarchical court ; with others, to see 
royalty in propria persona ; with all, to have it to say that they 
had not passed through the French dominions without tlie honor 
of an introduction to the " citizen king." There was no limitation 
to numbers, and the American minister sometimes asked for the 
presentation of fifty of his countrymen in one night. "Whilst General 
Cass was minister, no application of an American for presentation 
was ever refused. During this period, the modus operandi of 
reaching the hand of the king, was as follows : 

When there was a public presentation coming off at the Tuil- 
leries, the various strangers, belonging to different nations, who 
desired to be present, made known their wishes to their proper 
minister, who communicated them to the Minister of Foreign 
Affairs, and from whom, or from the Introducer of Ambassadors, 
an answer was given, authorizing tlieir reception, and indicating 
the proper day and hour. When this time arrived, these persons 
repaired to the palace, and were introduced into a suite of apart- 
ments, commencing at what is called the^rone room, and extend- 
ing along the front of this immense building. The visitors were 
arranged in one line, passing down one side of the apartments 
and up the other. Their position depended upon the rank and 
seniority of the representative of their country. The ambassadors 
are nearest the point where the king approaches, and then follow 
the ministers plenipotentiary, the ministers resident, and the 
charges, each in the order of time when he was accredited at tlie 
court. This sensible arrangement, in diplomatic precedence, was 
adopted by the Congress of Vienna, and terminated all those 
ridiculous disputes about rank which theretofore occupied such a 
space in the history of national intercommunication. The king 
and all his family enter the public rooms together, and the king 
commences his attention to the circle by a few moments' conver- 
sation with the oldest ambassador present. This ambassador then 
passes along the line with the king, presenting in succession each 
of his countrymen, and stops when he arrives at the end of his 
charge. Here the king salutes him, which he returns, and then 



OF LEWIS CASS. , 329 

the same ceremony takes place with the next diplomatic agent, 
and so on, in succession, till the circle is completed. The name 
of each person is mentioned to the king, and he addresses him a 
few questions, generally having relation to his own country or to 
his visit to France. In a ceremonial like this, it is pretty difficult 
to exhibit much variety in the questions, but General Cass was 
told by those who accompanied the king throughout the whole 
ceremonial, that he displayed great tact \\])on these occasions. 
After the king had proceeded some distance down the line, the 
queen commences the same ceremony, and she is followed by the 
duke of Orleans, the princess Adelaide — the king's sister — and the 
duke of Nemours. The other sons of the family, when present, 
remained at the head of the apartment, and the princess Climen- 
tine — the youngest daughter — a young lady of beauty and accom- 
plishments, usually made the tour of the circle, leaning upon the 
arm of her mother or her aunt. Such was the ceremonial of pre- 
sentation of gentlemen at the French court. An application of 
the same kind was made in favor of the ladies who desired to be 
presented, but this ai)plication went to the proper lady of honor, 
and from her reached the queen. For ladies there were but two 
presentations in the year, generally in the first week of January; 
and the ceremonies nearly similar to the description already given. 

The public conduct of Louis Phillippe differed from his prede- 
cessors, Louis Eighteenth and Charles the Tenth. The former 
associated himself with the glories of his country, and no petty 
jealousy prevented him from doing justice to Napoleon. He, no 
doubt, recognized the eminent qualities of the great chief of the 
revolution. His busts and engravings were everywhere to be met 
with, and his bronze statue, which stood upon the columns of the 
Place Yendome when General Cass was in Paris, and on which 
the glories of the emperor were recorded, looked out upon his 
favorite city like some guardian genius. The carpet that covered' 
the saloon of reception at theTuilleries, was the work of Napoleon's 
day, and emblazoned with his imperial emblems. It covered the 
same room during the Empire, but, on the restoration of the Bour- 
bons, it was removed, and deposited in some lumber apartment. 

How blind must have been they who could not, or would not, 
see that, between the epochs of 1789 and 1815, ages of ordinary 
life had been compressed ; and that there was more sympathy 
between the ages and the convocation of the turbulent councils of 



330 LIFE AND TIMES 

the middle ages and the States General in 1789, than between the 
latter event and the accession of Louis Eighteenth to the throne of 
his ancestors. But the Bourbons, as has been truly said, learned 
nothing and forgot nothing. Charles the Tenth, of the two, was 
more unfortunate in this respect. This king had such an aversion 
to the revolution that he refrained to pronounce even the name 
of the king of Sweden, because he was 2,jparveiiu. This was an 
unpardonable crime in nature, not to be overlooked by this proud 
Bourbon. At his levees, when he received the diplomatic corps, 
he usually addressed to each representative of a monarchical gov- 
ernment some question respecting the health, residence, or family 
of his sovereign ; and, as the story goes, w^hen it came to the turn 
of the Swedish minister to be received, the king, inflexible in his 
determination to avoid all reference to the northern monarch, 
inquired if there were any news from Sweden. The minister — ■ 
the Count of Loewenheilm — a man of great worth and a veteran 
officer of high rank, as resolute that the king should hear the name 
of his sovereign as the latter could be not to pronounce it, invari- 
ably rejjlied : " I thank your majesty ; my master, the king of 
Sweden, is very well ;" and General Cass was told, by those who 
had often witnessed this royal and diplomatic encounter, that the 
question and answer were as regularly put and returned as any 
other ceremony of the presentation ; and the thing was so well 
understood that the whole circle always prepared itself to see the 
eflbrt of the king to preserve his dignity and to smile at an exhi- 
bition of royal weakness. And yet such are too often human 
rulers. 

It is scarcely credible, yet the fact is well known, says General 
Cass in his diary, that, when the result of the elections of 1830 
had left the government in a minority in the chamber of represen- 
tatives, and had given proof of the discontent of the country, no 
preparation was made to meet the storm which the measures in 
contemplation necessarily tended to produce. The faithless and 
violent attack upon the Constitution, dignified with the name of a 
coujp (Vetat^ but which was, in truth, one of the most perfidious 
efforts which power has ever made to crush public rights, found 
the king at St. Cloud, calmly enjoying the pleasures of rural life. 
When the cannon of Paris — the knell of his power — announced to 
him that the people had risen, and that his crown, and, perhaps, 
bis life, depended on the issue of the contest, he was engaged in a 



OF LEWIS CASS. 331 

game of cards, and tranquilly gave orders to his grand huntsman 
to arrange a hunting party for the next day. But that day opened 
with a different chase, and there were other hunters and other 
game in the field, and the unfortunate monarch became himself 
the stricken deer. Had this efibrt of arbitrary power proved suc- 
cessful, the fruits of the revolution would have perished, and France 
would have been prostrated at the foot of a master. Still more : 
it would have been the signal for the death-blow to all the free 
institutions of Continental Europe, and would everywhere have 
opened the way for conspiracy against public rights. But France 
arose in its strength, and the reigning branch fell in weakness. 

While General Cass was in Paris, he spared no pains to inform 
himself of the actual condition of the people, and he endeavored 
to acquaint himself with their sensations and sentiments. Actions 
frequently speak louder than words. He had read much and 
heard much of their excitability, and popular outbreaks ; and as 
these had occurred so often, he sometimes thought that, perhaps, 
after all, they were more like the startling scenic plays of the 
theater, to afford temporary gratification, than for permanent 
prosperity. He had not so far lost the Yankee curiosity of his 
ancestors, as not to occasionally wish he might have the oppor- 
tunity to witness, as a spectator, some of these public commotions. 
Strange enough, it was to happen, that he could gratify this mor- 
bid desire. We will take the account as he tells it. 

" I did not wish that an emeute should occur at Paris, while I 
dwelt there, in order that I might see it ; but I was determined, if 
it did occur, that I would see it if possible. Accordingly, during 
the movements in May, I sallied out, not to mingle in adventures, 
but to witness them ; and after threading many a dirty street and 
alley, I reached a crowded part of the city, south of the Boule- 
vards, between the streets St. Martin and St. Denis, where all the 
communications are narrow and crooked. At the intersection of 
four of these streets, I found a party of men busily engaged, some 
in breaking the lanterns, and others in building a barricade to 
stop the troops, from materials furnished by a house which ap- 
peared to have been recently demolished. There was an immense 
crowd looking on, but the persons actually engaged in the work 
did not exceed forty, all of whom were dressed in that garment 
peculiar to the Paris workmen, called a hlouse^ and which resem- 
bles the hunting shirt I have often worn in the West, and which I 



332 LIFE AND TIMES 

suppose yet retains its place in some parts of that vast region — 
though, perhaps, like the buffalo, in whose company I have worn 
it, it has crossed the Mississippi, and may now be accompanying 
the hunter and the pioneer towards the Eocky Mountains. 

" Seeing these men thus busily engaged, I inquired of some re- 
spectable looking individuals, what their object was ; but was told, 
with much decision and apparent frankness, that they were as 
io-norant of the matter as I was. It was obvious, from occasional 
signs and movements, that some associates of the party were 
placed in the various streets to give notice of the approach of any 
military body which might receive information of the illegal 
operations in progress. After some time, the immense crowd 
seemed alarmed, and dispersed themselves in all the neighboring 
alleys, as fast as the impediments occasioned by their own num- 
bers would permit. I then saw a detachment of regular soldiers 
approaching the barricade, and when they got near, the command- 
ino officer formed his men across the principal street along which 
the fugitives were fleeing. I did not suppose that it required 
much courage to remain, for I was sure a single unarmed man 
would not be fired upon ; and I felt satisfied that my character as 
a stranger w^ould protect me from violence. I could not, indeed, 
'hang out the banner on the outer wall,' as Mr. Poinsett did, with 
such decision of mind and firmness of purpose, when his residence 
was attacked and his person threatened in Mexico. I have always 
considered the conduct of our distinguished countryman upon that 
occasion as furnishing one of the happiest illustrations of the effect 
of decision ar.d courage upon a mass of excited men, freed from 
lesal restraint, which is to be found in the whole history of popu- 
jar movements. It is almost the personification of Yirgil's beau- 
tiful allusion to the appearance of the ' vinem gravein meritis^^ who 
presents himself to the enraged crowd, and stills the tumult of 
their passions. With one change, rendered necessary by the cir- 
cumstances which called for action, not for words, we may adopt 
the last line of this highly wrought simile, and say of our country- 
man what the Eoman poet said of his : ' lUe regit dictis amnios et 
pectora mulceV Human life affords no prouder moment, than 
w^hen the minister threw out his country's flag, and when he and 
his little suite, while watching the stars and stripes as they un- 
folded themselves, beheld the effect which this appeal— this visible 
declaration, ' sum civis AmeriGanus,^ produced in the capital of 



OF LEWIS CASS. 333 

Montezuma, and upon an ignorant, infuriated multitude. Our 
Bister republic was spared the commission of a crime which would 
have drawn upon her the execration of the civilized world. 

" I had no such part to play, and most assuredly, if I had had, I 
could not have played it so nobly. I was a spectator only, and 
as such watched the proceedings before me. The officer waved 
his hand to the people who, from the windows of the neighboring 
houses, were regarding the proceedings, intimating to them to 
withdraw from the approaching danger. lie then directed his 
command to aim, and the guns were brought to bear upon the fly- 
ing crowd. At this moment I stepped up to the officer, and told 
him I had been a spectator of the whole occurrences in that quar- 
ter for some time, and that the people upon whom he was about 
to fire were persons who, like me, had not been engaged in the 
mischief, but had been led by curiosity to watch its progress. I 
added, that those who were really guilty, had escaped by the 
lateral alleys, having been warned in time of his approach by their 
spies. The officer appeared to be a discreet man, and opposed to 
unnecessary severity. He directed his men to bring their arms to 
a shoulder, but many of them hesitated, and I saw him strike their 
pieces with his sword, before they were w-ithdrawn from the posi- 
tion of firing. I had thus the evidence of my own eyes, that the 
assertions respecting the infidelity of the military, and their indis- 
position to support the government in a moment of extreme peril, 
were false. They were anxious to act, and to act efficiently." 

From conversations with men of mark, he found that an injuri- 
ous effect had been produced upon the European estimate of our 
standard of morals and measures, by the illiberal, and, in many 
instances, false statements of British travelers. With but few hon- 
orable exceptions, most of them were mere gossips in pantaloons 
or petticoats, who, having crossed the Atlantic to read us homilies 
upon our barbarous usages, returned to convince their willing 
countrymen that political institutions and social life in the new 
world oflered nothing consolatory to the observer. Belied so 
much, had we been, that the people seemed to be incapable of ap- 
preciating the effect of events in public or private life. And this 
obtuseness was not confined to the uneducated. 

" 1 was asked a day or two since," says the diary, " by a distin- 
guished diplomatist, what was the meaning of the term loco-foco^ 
in our party politics. How ; thought I to myself, is it possible that 



^34 • LIFE AND TIMES 

BO local an epithet Las traveled so far! But on my return home, 
the difficulty was solved, and I found that the Journal des Debats, 
that most unfair of all the periodicals of France, upon every topic 
connected with our country, had been reading its patrons a homily 
upon the critical condition of the United States, and upon the 
approaching downfall of its liberties. The temporary delay in the 
organization of the House had furnished the text, and the imagin- 
ation and ill-feeling of the writer had supplied the commentary. 
And truly he had manufactured a most respectable ' raw-head-and- 
bloody-bones' out of these little words, ' loco-foco^ frightful enough 
to terrify every friend of liberal opinions in the eastern hemis- 
phere." 

Many incidents, daily occurring in the usual walks of the 
Minister, evidenced how ignorant the people were of the relations 
of that country with the United States, or of the individuality of 
the American jDeople. Paris was France, with them, and so, many 
of them, from their questions and remarks, appeared to consider 
Washington the United States. 

" I have scarcely found a single Frenchm.an," says the diary, 
" who knows, or knowing, would acknowledge, the magnitude 
and injustice of the warfare which the ImjDcrial Decrees waged 
upon our commerce. And one may travel from Lille to Mar- 
seilles without meeting a single person who apj^ears to have a 
true conception of the nature of our demand for indemnification 
for these outrages, which led to the famous treaty of 1831. If 
you explain in general terras to a well-informed man, the ground 
of our pressing instances for compensation, and, by way of argii- 
mentum ad Jiominem^ remark, that in a report to the Emperor, 
made by the Minister of State, I think in 1811, the amount of 
those injuries for which it was admitted the French government 
was responsible, was estimated at more than double the sum 
recognized by the Treaty of Indemnity, your auditor shrugs his 
shoulders, and does not believe a word you say, but, by way of a 
silent retort courteous^ he thinks all the harder that republics are 
ungrateful, and that a clearer proof of this well established politi- 
cal axiom can not be found, than in the demand which the United 
States trumped up against France, after the aid they had received 
from her in the war of the Revolution. For my part, I wonder 
the treaty was ever negotiated, and after negotiation, I wonder it 
was executed. But to an illustration of the preceding remarks : 



OF LEWIS CASS. 335 

I know of a fellow-countryman here, who had ordered some arti- 
cles of furniture, but finding, when they were brought, that they 
were badly made, he declined receiving them. After the usual 
discussion upon these occasions, the 'md\gnajit/alricant, rising in 
the majesty of his nationality, exclaimed : ' This is very ungene- 
rous treatment, after France has given to your country twenty -five 
millions of francs.' ' The powers of nature could no farther go ! ' 
I vouch for the substantial truth of this anecdote." 

General Cass took more than one opportunity when there was 
no particular public business demanding his attention, to travel 
through France, as well as to visit some of the adjacent countries. 
One observation struck him as making characteristic difference 
between his own country and those' higbly improved countries of 
the old world. Though it seems not to have attracted the atten- 
tion of travelers, it still forcibly impressed itself upon his mind, 
and that is the almost entire want of forest trees, offences and of 
farm-houses, which form so marked a feature in the American 
landscape. Once in a while, at rare intervals, a district is found 
with scattered and stunted trees, which by courtesy is called forest, 
but which bears little resemblance to the primitive vegetation of 
the western continent. Hedges and other kinds of enclosures are 
occasionally met with, but the great body of the country is unen- 
closed, stretching oS like a prairie, till it is lost in the distance. 
The farming population, especially upon the continent, is collected 
into villages, and generally upon some site where was the bar- 
onial castle, afibrding in unquiet times the means of protec- 
tion. There is now the church, and there also is the baker's shop, 
and the other places of supply which are required by the prevalent 
habits of life, and the husbandmen go from their villages to tlieir 
fields in the morning and return at night. A state of things like 
ours, where every hundred or two of acres has its owner cultivat- 
ing his farm, living in a neat and comfortable house, and sur- 
rounded by everything desirable, is utterly unknown in Europe. 
The whole country presents a singular aspect of nakedness to the 
traveler from America. 

General Cass also visited England, and with the same mixed 
emotions of admiration and regret which its scenes of magnifi- 
cence, of poverty, leave upon the memory of our countrymen. 
He was present at the gorgeous spectacle of the coronation of 
the present queen, and in that splendid display, the incident 



336 LIFE AND TIMES 

which struck him with most force, was the placing of the crown, 
the insigninm of power and royalty, upon the head of a female 
barely eighteen years of age ; thus recognizing her the supreme 
authority in a country which absolutely excludes women from all 
other political power whatever. Under such circumstances of sex 
and age, the chief magistrate is but a pageant, and contrivances 
out of the Constitution must be resorted to, to do the work of the 
govcrnmen';. 



OF LEWIS CASS. 337 



CHAPTER XXIII. 

General Cass Visits Italy, Greece, Syria, Egypt — ;His Tour — His Memoranda— General Reflections — Hia 
Return to Paris. 

In the spring of 1837, General Cass found that the business of 
the Lea;ation would admit of his absence from Paris for a few 
months. Availing himself of this opportunity, he took occasion 
to gratify a long-cherished desire, and in May embarked with his 
family at Marseilles, on board of the historical ship, the Constitu- 
tion, bearing the flag of the United States, Commodore Elliott 
commanding, on an excursion to the east. He set sail for Egypt 
by the way of Constantinople. As this vessel was to touch at all 
the principal cities along the coast, it afforded the American Min- 
ister an opportunity of visiting them consecutively, without unnec- 
essary delay, and, indeed, this was the reason why he sought this 
conveyance. 

He saw, at last, far-famed Italy, her principal cities, and the 
ruins, which constantly reminded him of her former greatness, in 
all that wealth and learning could produce. He saw what was 
once the seat of the Caesars, and the villas of Cicero and Horace. 
He wandered among the dilapidations of time, and imagined 
congregations, uproarious Math pleasure, crowding and jostling 
each other, at the plays and games which fill the classics. He 
thought of armies, whose combats had shook the earth ; he sur- 
veyed the site of the Senate House, of the Colliseum, of the Forum 
— and was lost in wondering at the grandeur of Rome, and the 
colossal powers which made her mistress of the world ! He rested 
upon the soil where the deathless oratory of antiquity caught its 
eloquence, and poetry its divinity ; and, bowing in meekness to 
the Great Giver of both, hallowed them in his memory. He 
wandered in silence upon the banks of the Illissus, and saw in 
his mind those academic groves, so sacred and dear to every 
scholar. He traveled along the barren and desolate shores of 
Greece and Turkey, and pondered on the causes which once cov- 
ered the land with a thousand cities of commerce. And he came 
22 



338 LIFE AND TIMES 

to the conclusion that nothing can be more useful to the states- 
man than such a journey, or better fit him for the discharge of 
the highest offices of the State. He cruised among the islands 
that stud the Jlgean Sea, and, charmed with delight, looked in 
■upon Sicily and Malta. 

General Cass visited Attica, and from thence made an excur- 
sion farther into Greece. He paused at Eleusis — venerable as the 
scene of the great Pagan mysteries. Its massive monuments at- 
tested the sanctity of the place ; and as he roamed among them, 
these silent monitors of history recalled to his memory the deeds 
and days of other times. Continuing his journey, he soon reached 
the mountainous ridge which bounds Attica to the north, and 
forms a barrier broken by ravines, admirably adapted to defensive 
warfare ; and, on attaining its summit, a glorious prospect offered 
itself to his eyes, enriched by recollections of the past, and im- 
pressive from its present features. 

Before him was the great plain of Boestia, and under his feet 
the ancient city of Platsea, with its gigantic walls here and there, 
erect or prostrate, looking as though a human footstep had not 
disturbed the site of this unfortunate city since its capture and 
destruction, so vividly described by Thucydides. Near by was 
a little muddy brook, the Asopus, winding its way through the 
plain, and reminding him of many a sluggish stream he had crossed, 
at the risk of his neck, in the Western prairies ; and upon its 
bank was the famous field where Mardonius, the lieutenant of the 
o-reat king, was defeated. In the distance was the Acropolis of Thebes, 
so renowned in history and fable, and between him and the city 
of Cadmus, was the battle-ground of Leuctra, where Epaminondas 
conquered and fell. After examining the environs of Plata?a, 
and endeavoring to comprehend the plan of operations of the 
contending armies, and the true site of their struggle, he at length 
found one of the little tumuli described by Herodotus, as erected 
by the Greeks, over the remains of their countrymen who fell in 
this battle, and which attested the veracity of the historian, and 
the true theater of the conflict. He ascended its low summit, and 
thought of those who were beneath him, and looked around upon 
all this scene of precious recollections, with feelings difficult for 
him to describe, and, of course, for us to pen. He thouglit of the 
afi"ecting but fruitless appeal wdiich the inhabitants of this devoted 
city made, three generations later, when they invoked the memory 



OF LEWIS CASS. 339 

of these parentalia^ to turn away the wrath of their countrymen. 
The story is told by Thucydides, in the third book of his History 
of the War of the Peloponnesus, and an instructive lesson it fur- 
nishes to every federative people — a lesson, where we inight read 
our own fate, had we not, by a beautiful political constitution, or- 
ganized our system of government, so as to protect the States 
against one another by subjecting each to all, in those questions 
where rival communities are not less subject than individuals to 
the infirmities of human passions. 

He went to Athens, and mused upon its past glories. Thence 
he went to Marathon, and stood upon its glorious plain. Sterile 
and secluded, it yet contained that lowly mound, where the 
Athenians, who fell in the great day of Grecian deliverance, 
found a tomb and a monument. It had survived the revolutions 
of their country, and out-lived Turkish domination. When Gen- 
eral Cass visited this lonely shrine, everything was desolate. No 
human habitation was in view. The little bay was unruffled, the 
plain quiet in its solitude, and the mountain impressive in its rug- 
ged nakedness. There seemed to be nothing between him and 
Themistocles; and the beautiful remark of Pericles in his funeral 
oration, presented itself with all the freshness of association, and 
all the vigor of truth. 

"The whole earth," said the renowned orator, "is the tomb of 
illustrious men, and this is not a tomb, known in one place only 
by vain inscriptions, but one which extends itself wherever their 
glory is spread." Yes, a world, unknown to the ancient Greeks, 
has arisen since their sun went down, and yet the glory of their 
philosophers, warriors, and patriots, has penetrated its recesses, 
and General Cass, as one of the pilgrims from its distant shores, 
had come to ofl'er his tribute to their memory. 

He desired to visit those old regions so interesting from their 
history and associations, and he had it in view also to collect and 
transmit to the government useful information respecting the con- 
dition of that portion of the world, and the means of facilitating 
our commercial and political intercourse with it. 
"^The^oute — to follow the itinerary more closely — lay along the 
Mediterranea;n,-aad some of it within sight of the Alpine scenery, 
to Genoa, known as the " city of palaces " — an epithet it well de- 
serves from the magnificent buildings with which it is filled, the 
remnant and memorial of the proud republic, now degenerated 



340 LIFE AND TIMES 

into an appendage of Sardinia, whose commercial and military 
fleets once carried her power and wealth over the liabitable 
globe. From Genoa tlie course was to Leghorn, where the party 
disembarked and traveled by Pisa, renowned for its leaning tower, 
to the beautiful city of Florence, upon the Arno, the capital of 
Tuscany. Thence they set out for Rome, passing through the old 
city of Sienna, and among the Appenines by Lake Bolsena, a pla- 
cid body of water, surrounded by volcanic mountains. All this 
region is a volcanic one, acd the people are almost as primitive as 
their hills. They occupy the same fastnesses, and preserve the 
same habits as in the days of Romulus and Remus. An Amer- 
ican gentleman in a high political situation abroad, mentioned to 
General Cass a characteristic incident which depicts the degraded 
condition of the peasantry. He was passing a short time at the 
seat of one of the Roman aristocratic families in this broken coun- 
try, delightful in a warm season. Grapes are the principal objects 
of cultivation, and they are raised wherever the scanty vegetation 
allows the vine to take root. The lady, the head of the family, 
was walking over the domains with this gentleman, pointing out 
the objects worth examining, and especially the mode of culture. 
The laborers were busily employed in the vineyards, and some time 
was spent in looking at their w^ork. The lady became fatigued, 
and beckoned to one of the men, w'ho immediately approached, 
and apparently well understanding what was wanted, dropped 
down upon his hands and knees, his back thus forming a com- 
fortable seat, which the lady occupied with all the nonclialance 
possible. After she was sufficiently rested, she rose; her footstool 
went away apparently well content w^ith a performance of its duty. 
General Cass, with his family, remained at Rome, looking at all 
the wonders, both ancient and modern, of the eternal city, and 
thence traversed the fatal campagna, to Civita Yecchia, where 
they re-embarked on board of the Constitution, and sailed for 
Palermo, in Sicily. They found this a large and well built city, 
but loft it after a short detention; and passing around the southern 
and western coast of that large island, and often within sight of 
it, they reached Malta, after a prosperous voyage. This interest- 
ing island, the place of St. Paul's shipwreck, is but a few miles in 
circumference, and the Constitution merely touched at it, continu- 
ing almost without delay her route to the east. They soon came 
in sight of Cape Matapan, the southern point of Greece, and soon 



OF LEWIS CASS. 341 

reached the island of Sjra, the most commercial place in Greece. 
Near it is the little island of Delos, renowned as the birthplace of 
Apollo, which is now destitute of permanent inhabitants, and 
where General Cass found only a few laborers engaged in making 
lime, from the marble relics which are scattered about. It requires 
a strong imagination to contrast the present desolate condition of 
this barren islet with its splendor and magnificence in the days of 
ancient superstition. From Sjra the gallant ship soon reached 
the Pireus, the well-known port of Athens. After devoting a 
short time to the examination of the rich monuments of the city of 
Theseus, General Cass set out upon an expedition through Greece. 
He went first to Eleusis, the site of the most celebrated mysteries 
of the old world, thence across Mount Citheron to Platoea, the 
battle-ground of the great victory gained by the Greeks over the 
Persians, and from there to Leuctra, where was fought the battle 
between the Thebans and the Spartans, and in which Epaminon- 
dae, the Theban General, fell gloriously, after the overthrow of 
the hostile army. Nothing remains of this old city, and the trav- 
elers, devoting but a brief space to recollection of the events that 
give it interest, continued their route to the renowned city of 
Thebes. Here, too, time, the great destroyer, has swept away all 
vestige of former magnificence, and a miserable village is all that 
remains to mark this spot so celebrated in history. The journey 
was continued, passing by the foot of Mount Helicon, once the 
residence of the Muses, and which contained the cavern known 
as the Cave of Trophonius to Chseronea, the birth-place of Plutarch, 
and where was fought the battle between Philip and the Boeotians, 
and which finally led to the subjugation of Greece. An interest- 
ing discovery had shortly before been made. The two armies met 
in a narrow plain, bounded by rocky, precipitous hills, at the foot 
of one of which was the city of Chgeronea, where an immense 
amphitheater, cut out of the solid rock, yet remains to show the 
extent of its population. A marble lion was erected not long 
after by the Thebans, in commemoration of their countrymen who 
lost their lives there. An English traveler, reading the accounts 
of the ancient historians, and comparing them with the ground, 
thought that a slight mound in the plain must be the place where 
this marble lion was buried. He opened it, and found this mon- 
ument of ancient patriotism; one of the most beautiful works of 
antiquity which had been buried for ages. It had just been raised, 



342 LIFE AND TIMES 

and our travelers gazed at it with emotions almost of awe, indi- 
cating, as it did, the site of one of the most decisive battles of the 
old world. From thence the journey was continued to Delphi, the 
world renowned seat of the ancient oracle, which occupies a cleft 
in Mount Parnassus. The party drank of the famous Castalian 
spring, and found the water very pleasant, but felt no inspiration 
from the draught. We submit to the reader the following reflec- 
tions, copied from an address delivered by General Cass since his 
return from Europe : 

" I have stood," said the speaker, " upon the cliffs of Parnassus, 
where flourished and perished the city of Delphi, the renowned 
seat of ancient heathen superstition, and where all that was pow- 
erful and great and learned, in the old world, periodically assem- 
bled to implore the protection of the gods of a vile mythology, 
and to ask of stocks and stones — the works of man's hands — what 
was to be man's destiny in that untried future which it is not given 
to created beings to penetrate or direct. Yes ; the mighty and 
the lowly; the warrior, the statesman and the philosopher; the 
Alexanders and the Csesars and the Ciceros, all yielded to the 
prevailing credulity, and came to this high place of heathen wor- 
ship, with oblations and requests ; with gold for the altar and 
prayers for themselves ; prayers for an oracular response which 
should shield them from apprehended misfortune, or crown M'ith 
success a contemplated enterprise. It was a strange chapter in 
the wayward history of man — this prostration of the human intel- 
lect in many a bright day of its power ; this adoration of the beings 
of a corrupt imagination, usurping the prerogatives of the only 
true and living God. And splendid temples and palaces, rich in 
the most gorgeous architecture, studded the sides of the mountain, 
sending back, in glorious effulgence, the bright rays of a Grecian 
sun ; and votive ofterings of sovereigns and states and cities, from 
the pillars of Hercules to tlie land of Ophir ; monuments of the 
victories of Marathon and Thermopylfe and Salamis, and of many 
a hard fought battle beside, swelled the treasures of the temple 
adorned with the most precious works of ancient art. And where 
are they now, these contributions of a blind superstition, announc- 
ing at once the wealth and weakness of its votaries? Where are 
the crowds of worshipers, the magnificent processions, the impos- 
ing ceremonies, the gods and the priests, which made this rocky 
precipice the holy ground of the ancient world, and yet sends the 



OF LEWIS CASS. 343 

traveler, even from our own distant hemisphere, to explore its 
recesses, and to reflect upon human folly, where the triumphs of 
folly were the most splendid, and where its reverses are now the 
most signal? "Where are they ? Gone. The oracle is silent, the 
priestess in ashes, the city in dust, and, in this world of mutations, 
human pomp and power have never been more signally rebuked 
than by the desolation which has overtaken and overwhelmed this, 
the proudest spot of the ancient world. Parnassus indeed is there, 
with the clouds resting on its snowy summit, and the blue waves 
of the gulf of Corinth rolling at its feet, while the fountain of Cas- 
talia issues from its side, in a stream as bright and clear as when 
its waters purified the persons of the ministers and votaries of the 
temple, but could not cleanse their hearts from a debasing super- 
stition. But these are the works of God which mock the pride of 
man and bid defiance to his power ; witnesses of his change, 
themselves unchangeable." 

Embarking upon the gulf of Lepanto, the party proceeded on 
their voyage to Corinth, examining, with interest, the shores of 
that Grecian Mediterranean, renowned for scenes and events of 
deathless celebrity. They landed, at Corinth, near the head of the 
gulf, and from which it anciently derived its name. In the neigh- 
borhood is the place where once stood Sicyon, an early city of 
power and importance, but which was in ruins fifteen centuries 
ago. Its site is now marked only by broken pieces of pottery — 
those indestructible materials which alone remain to indicate the 
places where once were populous towns. Corinth is remarkable 
for its fortified hill, or Acropolis — a rock more than two thousand 
feet high. Ascending it, the Constitution was visible on the 
^gean gulf, but reduced, by the distance, from a noble frigate to 
a " cock-boat." Crossing the Isthmus, where the Isthmian games 
were formerly celebrated, and which connects the Peloponnessus 
with the other portions of Greece, the travelers were glad to find 
themselves in comfortable quarters, under the flag of their country. 
Events were wonderfully compressed in ancient Greece ; the deeds 
and men, but the area was small. The whole country, indeed, 
was not larger than one of our counties. In one day General Cass 
passed over three of the great battle-fields, familiar to us from our 
infancy, as household words, in the pages of the ancient historians. 
And Salamis and Marathon might have been added to PlatjBa and 
Leuctra and Cheronea, in the twenty-four hours. After sailing 



344 liTfe and times 

over the gulf of Salamis, and gazing at the spot where Xerxes 
sat, watching the progress of the naval fight between the Greeks 
and Persians, the party proceeded, in the Constitution, to Cape 
Colona, and thence, after surveying the ruins of the celebrated 
temple of Minerva, to the little bay, where, in the words of Byron, 
" Marathon looks on the sea." That great combat, looking as well 
to the circumstances as to the result, was the great battle of the 
ancient world. JSTo American can approach this spot, hallowed 
by bravery and patriotism, and crowned by that success which the 
eiforts of liberty deserved, without the deepest emotion. But the 
impression is the work of association, and owes nothing to scenery 
or monument. The battle-field is a narrow dreary plain, lonely 
and desolate, shut in by an arm of the sea on one side and by 
rugged precipitous mountains on the other. Greek and Persian 
were once there in deadly strife ; but no one is there now to break 
the solitude of this memorable spot. Nothing remains to indicate 
the occurrence of the great event but the mound or burrow in 
which the Athenians deposited their dead. 

The course thence was across the JEgenTn sea, by Lemnos, to 
Teuedos, the station of the Grecian fleet during the war of Troy. 
These are classic regions, rendered sacred by poetry and narrative 
by the history of Herodotus and by the lays of Homer. 

Tenedos, though it may have been a great dock-yard for the 
repair of the fleet of Agamemnon, is a small island with a scanty 
and poverty-struck jjopulation, and with nothing interesting about 
it but the recollection of what it has been. The plain of the 
Troab, once the scene of the most stirring events, if the story of 
Troy is not a myth, presented to the travelers an interesting object 
for examination. They went over it, but like their predecessors 
in this inquiry, found it impossible to reconcile its present condi- 
tion with the narrative of the Grecian bard, and the site of the 
city may well be considered lost to modern researches, when even 
Alexander the Great was unable to find any trace of it. Some 
magnificent remains yet exist of the city, founded in this place by 
the Macedonian conqueror. From the Troab the passage was up 
the resounding Hellespont — now the Dardanelles — which separate 
Europe from Asia. The tomb of Achilles, being a mound of 
earth precisely resembling our Indian mounds, yet attracts the 
gaze of the traveler on his way through the Sea of Marmora to 
Constantinople. 



OF LEWIS CASS. 345 

The Constitution had been authorized by a firman of the sultan 
to visit the metropob's of his dominions. AVithout such a permis- 
sion no foreign ship of war can enter these waters. The frigate 
anchored in the beautiful harbor of the Golden Horn, where she 
remained a few days, enabling her passengers to examine this 
seat of Mahometan power, and also to visit the Black Sea. From 
the entrance into the Bosphorus to the mouth of the Hellespont, 
this great channel of communication between the Black Sea and 
the Mediterranean presents objects of the deepest interest. Its 
past, its present, and its future engage the attention of the world. 
The successor of Rome in sovereign power, nature seems to have 
marked the site of Byzantium or Constantinople for the capital of 
a great empire, and the contests for its possession, both in ancient 
and in modern days, testify to the general importance attached to 
it. The American party found their visit a deeply impressive 
one, and General Cass has recorded his reflections at the sight of 
cue of its monuments, which may not be unacceptable to the 
reader. 

" In the Hippodrome of Constantinople, in front of the great 
Basilic of St. Sophia, now desecrated from a christian temple to 
a heathen mosque, is the tripod, where sat the Priestess of Delphi, 
when she delivered her oracular responses to those who sought 
her interventions with the deities of the shrines. It is a brazen 
pillar, formed by three serpents intertwined together, and it was 
placed over the fissure, whence issued the prophetic exhalation 
which shook the frame of the Pitha with fearful convulsions, and 
conferred upon her the power of explaining the past and of fore- 
telling the future. 

" This interesting memorial was carried by Constantine to his 
city of the Bosphorus, and its history and authenticity are placed 
beyond doubt by the learning and researches of Gibbon. When 
Mahomet subdued the Eastern Empire, and entered its capital at 
the head of his army, he struck one of the serpents with his sword, 
and the mark is yet there to attest the strength of the conqueror, 
and the truth of the narrative. I gazed upon it with uncontroll- 
able emotions, recalling its history and the part it had borne in 
the splendid pageantry of heathen superstition. It may have 
witnessed the pilgrimage of Alexander to implore the favor of 
Apollo, upon the great enterpi-ise which led him through splendid 
triumphs to imperishable renown and an early grave. It may 



346 LIFE AND TIMES 

have heard the answer of the priestess to the demand of Miltiades, 
to know whether the liberties of Greece would perish upon the 
plains of Marathon, Aye, and Socrates, and Plato, and Aristides, 
and even their j^redecessors in Grecian story and song! Homer 
and Hesiod may have bowed the knee to Baal, to this footstool of 
a fiilse inspiration, and mistaken the ravings of a distempered 
imagination, or the devices of human craft, for the decrees of the 
Almighty Maker of heaven and earth. The golden calf which 
turned the hearts of the Jews, in the deserts of Arabia, from the 
God of their fathers, and their own God, was but the type of his 
class, one of that vast family of idols which, in all ages and 
nations, have seized upon the human aifections, and sent men to 
the works of their own hands for objects of adoration, and for 
rulers of the universe. ' Up, make us gods which shall go before 
us,' demanded the Israelites of Aaron, when Moses was in the 
mount. But it is also the demand of the heart of man in all times 
of trial and trouble, till that heart is touched by fire from the 
Altar of Jehovah, and quickened by the Word of His Son, our 
Savior. Human nature is driven instinctively to feel its depend- 
encies upon some unknown cause. To feel that beyond the nar- 
row circle of visual existence, there is, and must be, a creating 
and preserving power, which brought the universe into being, 
and may leave it to perish, if left to itself It is a vast field of 
inquiry, where man gropes blindly in a state of nature, halting, 
hesitating, seeking, but finding not. He can not penetrate the 
abyss. Profound darkness rests upon it, and the speculations of 
the highest intellects of antiquity, upon the moral governments 
of the world, and upon the extent and duration of human respon- 
sibility, would provoke our contempt, if they did not excite our 
pity, in this briglit day of christian knowledge. There was not a 
pantheon in the old world whose gods were not clothed with the 
vilest attributes, nor a single deity, male or female, whose crimes 
would not insure punishment in every well regulated tribunal in 
Christendom. And yet, such were thy gods, O Israel ! And 
the immortality of the soul was unknown, because unproved ; a 
conjecture, asserted and denied, but exerting no influence upon 
life or opinions, because taught by no authority, and attended 
with no connection between our conduct here and our fate here- 
after. ' Son of man,' said Jehovah to his prophet, in the impress- 
ive vision of the valley of the dry bones, 'son of man, can these 



OF LEWIS CASS. 347 

dry bones live? And I answered, O, Lord God, thou knowest.' 
Yes, He alone did know, but blessings npon His holj name, we 
now do know that these dry bones shall again live, that this mor- 
tal shall put on immortality, this corruptibility incorruption, and 
that death shall be swallowed up in victory. Such was the state 
of darkness and of doubt, during four thousand years of the 
history of the world, respecting the moral condition of man, and 
the great scheme of creation, till the advent of the Savior, who 
came, and announcing His mission, declared in these sublime terras, 
' I am the Resurrection and the Life.' That declaration rent in 
twain the veil between time and eternity, and opened the secrets 
of the prison house to the fallen descendants of Adam. The 
shadowy creations of erring man were struck dowm, his doubts 
were dispelled, his oracles were dumb, his faith was purified, and 
he began to comprehend the object of his creation, and the great 
plan of redemption. There is not a child in our land, advanced 
beyond the age of infancy, who does not understand his relation 
to God, his state of probation here and of existence hereafter, bis 
duties and their consequences, if fulfilled or neglected, and all 
that is necessary to be known on this side of the grave and 
beyond it, better than the combined intellect of the ancient 
heathen world." 

From Constantinople the American party retraced their route 
to the ^gean sea, and thence sailed along the coast of Asia 
Minor, passed the island of Metelin, the gulf of Smyrna, and the 
marshy plain of Ephesus, to the island of Scio. This beautiful 
spot, once the gem of the archipelago, had just been devastated 
by the Turkish barbarians, who had committed deeds of atrocious 
cruelty there, almost unprecedented, even in their bloody history. 
The island had been made a waste, and more than half of its pop- 
ulation, which consisted of one hundred and ten thousand inhab- 
itants, had been murdered, and a large portion of the remainder 
sold into slavery. It was lamentable to witness the ruin of such 
a delightful spot. Leaving Scio, the Constitution passed various 
islands of the group, and among others, Patmos, the scene of the 
revelation of St. John; and Rhodes, renowned in history. 

It was on the twenty-ninth July, 1837, that, emerging from the 
beautiful group of the Cyclades, he approached Crete — now Can- 
dia — the ancient kingdom of Minos. He had run down from 
Constantinople with a favoring breeze and delightful weather, and 



34:3 LIFE AND TIMES 

had passed the many isles and islets which " crown" this glorious 
" deep," and which have been the theater of events that will for- 
ever render them celebrated. All of them are small specks, hardly 
distinguishable upon the map of the world, and some of them are 
mere rocks ; but there is a deathless interest attached to them 
which time can not annihilate, and wliich will survive all the rev- 
olutions, social and political, they are destined to undergo. It was 
not wealth nor power nor numbers which imposed upon the imag- 
ination. It was none of these, nor the memory of these, which 
brought the trans- Atlantic pilgrim from the bustle and business 
and enterprise of a new world, to contemplate these scenes of 
former civilization and of present decay. No ! lie rendered his 
homage to a nobler idea — to the memory of genius, industry, 
advancement in civilization, progress in the arts and sciences, and 
the cultivation of whatever can best promote the interests ol 
human nature. 

He had passed by Lamnos, Tenedos, Mitylene — the ancient Les- 
bos — Scio, Delos, Syra or Syros, Paros, and other islands which 
deck those seas, and stopped at several of them, to examine their 
condition and to run over their interesting remains. The com- 
pression of scenes and events within a narrow compass, and the 
poM^erful emotions which this short voyage is calculated to excite, 
may be appreciated by tliis striking fact, that, at one point of his 
passage, he had in view, at the same moment, Syra, Tinos, Au- 
dros, Delos, Mycone, Noxos, Paros, Antiparos, Siphanto, and 
Serpho. He had passed, in the distance, the island of Patmos, the 
residence of St. John, and if not the scene of the revelations made 
to him, the place where he wrote the Apocalypse which recorded 
them. 

" Our own internal seas," says General Cass in his itinerary, 
" present masses of water as large, and some of them larger, than 
this 'yEgean deep,' and abound with picturesque objects, almost 
unrivaled in the world. Tlie entrance into Lake Superior, with 
the shores embosomed in woods, the highlands gradually opening 
and receding on each side, and the water as clear as crystal, ex- 
tending beyond the reach of the eye, forms one of the most striking 
displays of natural beauties it has ever fallen to our lot to witness. 
And a scene almost equally impressive, though of a different char- 
acter, attends the traveler who crosses the small arm of Lake 
Huron, between the island of Michilimackinac and the entrance 



OF LEWIS CASS. 849 

of the Straits of St. Marie, which communicate with Lake Superior. 
One bright summer morning we found ourselves making this pas- 
sage, and, as the sun displayed his disc above the water which 
surrounded us, we were surprised by a singularly interesting 
spectacle. "We were accompanied by a fleet of three hundred 
Indian canoes, which had left Michilimackinac in the night, in 
order to make the passage before the wind, which strengthens as 
the day advances, should render the voyage dangerous for the 
frail birch vessels in which tliey navigate the rivers and lakes that 
furnish them with so much of their subsistence. These Indians 
had made their usual annual visit to Michilimackinac, to sell their 
peltries and procure supplies of ammunition and clothing, and to 
talk over their public aft'uirs with the representative of the govern- 
ment stationed there. They were returning in high spirits, having 
with them all their families, as is the usual custom of the Indians 
in these excursions, and having, also, a supply of the articles most 
necessary to enable them to contend with the hardships incident 
to their mode of life. The lake was perfectly smooth, the Indians 
animated, paddling with their utmost energy, and singing their 
songs with a strength of lungs M'hich sent these far over the water. 
The whole display was full of life, and we recall it with the most 
pleasant emotions. But these scenes upon the Indian border, 
whether still or animated, are feeble in their efiects upon the human 
mind, when compared with the impressions produced in the theater 
where we were now moving. Distance, however, nowhere ' lends 
enchantment to the view' more than here ; but the nakedness of 
reality comes painfully to destroy some of these delusions on a 
near approach. All these islands are destitute of timber, naked 
as a vast prairie, but without one other point of resemblance. 
They are generally rocky, broken by ravines, and, to the eye, 
nothing can appear more sterile. The mode of culture, when they 
are cultivated, is slovenly, the inhabitants indolent, the houses 
mean and dirty, and the towns and villages in a state of decay, 
and yet we visit them with the deepest interest. We visit them 
for what they have been and in spite of what they are. 

" One of the most renowned is the little islet of Delos, or rather 
the two morsels of rock and earth known under that name, but 
separated by a narrow channel, furnishes the most striking illus- 
tration of these remarks, and the most comjilete picture of desola- 
tion M'hich even these regions exhibit. In our lonely walk amid 



350 LIFE AND TIMES 

its ruins, we did not meet a single human being. TV bat a contrast 
between this ahnost frightful solitude and its former condition, 
when it was filled with busy crowds which inhabited it, or which 
continually flocked to it to worship at its temples, as the Jews 
went np to Jerusalem to render tlieir devotions to the living God ! 
The sanctity of this chosen spot is one of the facts best known in 
the history of ancient manners. It was the birth-place of Apollo 
and Diana, and its thrice-lamous temples were dedicated respect- 
ively to the brother and sister and to their mother, Lutona. Their 
ruins yet attest the extent and splendor of these edifices. The 
island was holy ground— a place of refuge— where even enemies 
were friends when they met upon it. Livy relates an interesting 
anecdote upon this subject : A commission of Roman deputies, 
going to Syria and Egypt, were compelled to stop at Delos, where 
they found a number of galleys, belonging to the kings of Mace- 
donia and Purgamos, at anchor, although these two princes were 
then at war. The historian adds, that tiie Romans, Macedonians, 
and Pergamians met and conversed in the temple, as though they 
had been friends. The sanctity of the place suspended all hostil- 
ities. And in this island, thus venerated, I saw, not the marbles 
actually in the process of being burnt into lime, but the pits where 
tlie lime had been made, and where, perhaps, some of the most 
beautiful works of antiquity had been prepared to form the mortar 
for a miserable cottage. It is said that, heretofore, the inhabitants 
of Mycone rented this island from the Turkish government, at the 
annual price of ten crowns ! Such a picture admits no other trait. 
" As the last island of the yEgean group sunk in the horizon, Crete 
rose before us, extending east and west, and presenting its diver- 
sified shores to our view. The aspect was rugged, and the coast 
precipitous and iron-bound ; while, in the interior, arose a range 
of mountains, upon whose summits the clouds were resting. We 
steered for the Bay of Suda, and entered it without accident, moor- 
ing our noble frigate in its quiet waters. Tliis bay is one of the 
most magnificent ports in the world, stretching inland about six 
miles, with a breadth of three, capacious enough to contain the 
most powerful navy, and with sufficient depth of water for any 
vessel that floats. Its entrance is narrow, and divided by two 
small islands, on one of which is a little fortress, completely com- 
manding the approach. We were told that the commanding officer 
was a Ion vivant, who loved wine better than the koran ; and that 



OF LEWIS CASS. 351 

the captain of one of our armed vessels, who was desirous of enter- 
ing the harbor, but who was prevented by the new quarantine 
regulations which Mehemet Ali has recently adopted, found his 
way to the Egyptian's heart through a bottle of champagne ; who, 
disregarding the fear of the Pasha, dispensed M-ith the sanitary 
precautions, and admitted his new friend to p^atiqxie without 
hesitation. Whatever doubt may be entertained respecting the 
progress of the Turks in the manners of the western Europeans in 
other respects, there is none in this — that the higher classes are 
fast acquiring the habit of drinking wine, and, some of them, a 
much stronger liquid. The 2je7ic'hant of the late sultan for this 
indulgence was well known through the empire, and could not fail 
to produce, by its example, a powerful influence. Ibrahim Pasha 
is a confirmed toper; and if we should use a harsher word, we 
should convey a still more just idea of the extent to which he carries 
this habit. In Damascus, we found the table of the Governor- 
General of Syria loaded with wine ; and his confidential friend 
and physician — a French gentleman — observed, significantly and 
jocosely, that his patron had fifteen thousand books in his library. 
We did not need the arch look, which accompanied these words, 
to enable us to correct the errata : for books read bottles of wine. 

" Still this practice is not altogether general nor public, and we 
found that much prejudice was excited against those who indulge 
themselves too freely and openly. 

"The entrance to the bay of Suda is from the cast, and beyond 
is a high projecting point, which completely shelters it from the 
sea. To the north and south are rugged hills, but to the west the 
break between the ridges continues and forms a level valley, 
which opens in about two miles at the city of Canea. There are 
two small villages upon the bay, occupying the declivity of the 
southern range of hills. The scenery is not uninteresting, re- 
lieved by little orchards of olive trees, that precious gift of Pro- 
vidence, whose production is so essential to the inhabitants of the 
east. The plain leading to Canea is covered with a light sandy 
soil, and aboands in water, which might be used for the purpose 
of irrigating the crops, but which is almost M'holly neglected. 
There are some villages upon the route, and traces of a consider- 
able population. Canea occupies the site of the ancient Cydonia 
— the mother city of the island — renowned for its power and 
opulence, and which was the theater of many interesting events 



352 LIFE AND TIMES 

in the history of Crete. The harbor is small and obstructed by- 
reefs, and not safe in a northern gale. The buildings are old, 
and in a state of decay, and every thing shows that the hand of 
oppression has weighed heavily upon the wretched population." 

From the bay of Suda, General Cass sailed down the coast, 
passing Retimo — the third city in importance — after Candia and 
Canea. Standing upon a low cape, with a poorly sheltered har- 
bor, and the mole that formed it almost destroyed, and the channel 
nearly filled up with the accumulation of sand, vessels drawing 
more than thirty tons could not enter, while those of a larger ton- 
nage were compelled to remain in an open roadstead. AVhen he 
arrived at Candia— the capital of the island— he found Mehemet 
Ali there, w^ith a part of his fleet anchored before the town. As 
the American minister had visited a suspected port, he would be 
under the necessity of submitting to quarantine regulations, if he 
stopped ; and not having at his disposition the time necessary to 
procure admission, he abandoned the island and bore up for the 
Holy Land. He, however, committed to paper his impressions of 
the island from the water. 

" The city of Candia presents rather an imposing aspect from 
the sea. In its rear is a range of mountains which extend through 
the island, and from amid which the snow-covered top of Ida is 
prominently distinguishable from the rest of the chain. In the 
distance, the city is thrown with beautiful efiect against this ridge, 
though in fact it is surrounded by a considerable plain. The 
mountains, however, diminish much in hight, and the chain is 
almost interrupted, so that the gaps furnish convenient routes 
for traversing the island from north to south. The plain extends 
to the base of the ridge from which Ida projects." 

This plain, he goes on to say, once productive, then presented 
one scene of desolation. It formerly abounded in Olive trees, but 
the ruthless Turks had cut down a large portion of them— being 
of slow growth— the work of centuries, and thus not only inflicted 
vengeance upon the present, but extended it to succeeding gen- 
erations. 

It seems from the memoranda of General Cass, that the first act 
of oppression in the East, is to cut down the olive trees around 
a village, and then the labor of destruction is complete, for the 
miserable hovels are not worth the trouble of demolition. He cites 
as a fearful case in point, the plain from Athens to Piraeus, which 



OF LEWIS CASS. 353 

was once a magnificent olire orchard, but that, when he was there, 
its sujDerb trees had almost disappeared : and he was told at 
Athens of the curious division of property, by which, frequently, 
the ground belonged to one man, the trees to another, and the 
product to another. He says also that it is a cardinal principle in 
Mahometan faith, that all the people they subdue, have justly 
forfeited their lives ; and that whether these shall be spared or 
not, is simply a question of expediency from time to time. When 
the conquered Kayahs are freed from military execution, this ex- 
ertion of Mussulman mercy is not a pardon, but a reprieve. The 
penalty always hangs over them, and is ransomed from year to 
year by a tax, constituting a considerable item in the Turkish 
budget. Every person in the Turkish empire, not a Mahometan, 
pays this yearly contribution, under the pretense of its being due 
to the sultan for his clemency in permitting the infidel dog to live 
under the shadow of his throne during another year. 

As to intermarriages betw^een Moslems and Christians, that was 
impossible, because every such union was punishable with death : 
and in courts of justice the statement of the latter was valueless. 
But, after all, it seems that the condition of the Greeks, in the 
island of Crete, especially, was better than that of the Mahome- 
tans. Tlie latter were generally poor, whilst the former, relieved 
from some of the oppressions that weighed them down, and find- 
ing their industry better rewarded, and their acquisitions better 
protected, are gradually advancing in improvement. An intelli- 
gent informant told General Cass, that, four years previous to that 
time, scarcely a house was standing on the whole island, or a field 
cultivated ; but that then the signs of prosperous industry met 
the eye of the traveler in every direction. 

General Cass continuing his journey across the Mediterranean, 
left the frigate at Jaffa — the ancient Joppa — the seaport of Jerusa- 
lem, from which it is distant about forty miles. He imme- 
diately with his family traveled across the plain of Sharon to 
Ramla, and through the hill-country of Judea to Jerusalem. 

The annihilation of space, occasioned by the introduction of 
steam into navigation, is in nothing more wonderfully exemplified 
than in the time within which it is possible to travel from New 
York to Jerusalem. x\ny person favored by circumstances, may 
reach Mount Calvary within thirty days, and perhaps twenty- 
five days, after leaving Broadway. Ten or thirteen days may 
23 



354 LIFE AND TIMES 

take Lim to Liverpool or Bristol, one or two to Paris, one to Mar- 
seilles, eight or ten to Syra, four to Jaffa, and one from there to 
Jerusalem. And the French steamboats, plying upon the Medi- 
terranean to Syra, to Alexandria, to Greece, to Smyrna, and to 
Constantinople, are safe and pleasant vessels, and well found, in 
all respects. 

From Jerusalem, an excursion was made to Bethlehem, the 
birth place of the Savior — and into the country around Jerusalem. 
And the party made the necessary preparations, and traveled by 
the way of Bethany to Jericho, the Jordan and the Dead Sea. 

Returning to Jerusalem, preparations were soon made for a 
journey to Damascus. The ladies of the party rode in a primi- 
tive manner, two of them counter-balancing each other in a bas- 
ket, slung across a mule, and led by an Arab. They were often 
struck with the devotion manifested by their foithfiil guard, who 
three times a day stopped, and in conformity with the injunction 
of the Koran, turned to Mecca and recited his prayers with much 
ap23arent sincerity. Everything required for the comfort of the 
party was taken along, and the only drawback was the intense 
heat of the weather. The country was quiet under the stern gov- 
ernment of Mehemet Ali, and when General Cass mentioned, in 
Alexandria, to tlmt despotic ruler, that a traveler could pass as 
safely through his dominions as through any part of Europe, he 
seemed very much pleased with the remark. The Pacha of Jeru- 
salem furnished the party Math an Egyptian captain to accom^^any 
them, to obviate any difficulties which might occur. This man 
was a fit representative of his master, and his conduct but too 
well proved the miserable subjugation to which the country was 
reduced. For the slightest cause of offense, sometimes without 
any, he was unsparing in his blows, and at Nazareth he drove 
away the villagers from their well, because they did not yield 
their places to the strangers with such promptitude as he required. 

The route from Jerusalem was to Kablouse, formerly Sichen, 
where the travelers encamped at Jacob's well, and thence to 
Nazareth and Cana, and to the city of Tiberias, which had just 
been reduced to desolation by an earthquake, and to the sea of 
Galilee, and from there by Saffed, the sacred city of the Jews, by 
the waters of Merom, and by Jacob's Bridge across the Jordan to 
Damascus. 

This ancient city existed in the days of Abraham. It is at the 



OF LEWIS CASS. 355 

foot of the great chain of Anti Lebanon, on a j)lain watered by 
the beautiful streams, the Parphar and Abama of the Scriptures, 
and the plain stretches off until it is lost in the interminable 
sandy desert. 'T is rich, fertile and highly cultivated. A day or 
two was employed in the examination of the city and its environs, 
but no ancient monument remains to point out the site of any 
particular event. General Cass visited those old regions neither 
in a weak spirit of credulity which believes everything, nor of 
rigid incredulity which believes nothing. Some of the tradition- 
ary stories are mere idle legends, unworthy of serious considera- 
tion, while others are probable and well deserving of confidence. 
The sites of the most interesting cities, Jerusalem, Tyre, Sidon, 
Damascus and others, are fixed beyond controversy, and the 
events which made them remarkable passed within such narrow 
spaces, that the pilgrim may well be satisfied he is near or upon 
them — near enough for the indulgence of that power of associa- 
tion which enables us to overlook the present, and connects us 
with days and deeds forever memorable in history. 

From Damascus the journey led across Anti Lebanon to Baal- 
bec, celebrated for the magnificent Temple of the Sun, one of the 
most imposing structures which have come down to us from 
antiquity, and thence across Lebanon by Eden and the Cedars, 
well known spots in the mountain ridge described by many trav- 
elers, and on to Tripoli in Syria. There the Constitution was 
found, which conveyed the party to Beyroot, whence they pro- 
ceeded along the coast to the city of Sidon. The prophecies of 
the Scripture are literally fulfilled in the destruction which has 
fallen upon this city and upon her renowned neighbor, Tyre. Our 
travelers actually saw the fishermen drying their nets upon the 
ruins of this old capital of the Phoenicians. 

From Sidon General Cass made an excursion into the chain of 
Lebanon, upon a visit to Lady Hester Stanhope and to the Emir 
Besheir, the prince of the Druses, the rather mysterious aborigi- 
nal population of the Lebanon chain. He found Lady Hester 
Stanhope, the niece of the younger Pitt, and the granddaughter 
of the great Earl of Chatham, occupying a stone hovel upon the 
top of one of the most arid hills in Syria. This eccentric lady, if 
she had not actually embraced the Mahometan faith, certainly in- 
clined to favor it. Some years before, she had souglit the society 
of the Arabs, taking with her much wealth which she freely 



356 LIFE AK'D TIMES 

distributed, and by this means acquired great influence over the 
wild tribes. She was hailed by them Queen of Palmyra, and a 
word from her to the proper chiefs was a safeguard to the traveler 
seeking that distant city. But she gave till she had nothing more 
to give, and as her wealth disappeared, her influence diminished, 
and she finally abandoned them in disgust, and took refuge among 
the precipitous hills, a few miles from Sidon. The party found 
her there, dressed in a Turkish robe, with a turban on her head, 
and smoking a long pipe. Her conversation was wild and some- 
what disconnected, but still interesting, for she had seen much of 
life both in Europe and Asia, and her communications were free, 
and her comments upon men and things were without much re- 
straint. Her visitors left her with melancholy impressions, from 
her changed circumstances and lonely condition. 

Deir El Kamar is the residence of the Emir Besheir and the 
seat of the Druse sovereignty. This prince holds his authority 
from the sultan, while at the same time he is the hereditary ruler 
of his people. He occupies a very splendid residence, where the 
party passed the night, and returned the next day to Sidon, and 
continued their journey to Tyre. The day was intensely hot, and 
shortly before arriving at the city, the travelers stopped and took 
refutre from the w^eather in an old stone tomb. After some time 
they heard the distant sound of military music, and looking out, 
they perceived a party approaching. It proved to be a detach- 
ment of the garrison of Tyre, led by the governor, as swarthy a 
negro as Ethiopia ever sent forth. He had come out to do honor 
to the American Minister, who had been commended by the gov- 
ernment to the authorities in Syria and Palestine. The governor 
was invited to take a glass of champagne, which he tasted without 
the slightest Mahometan prejudice, following the example of the 
reigning sultan. After a short time a procession was formed, and 
the neo-ro srovernor with his detachment marched in front, followed 
by the American party, and thus they entered the old city of Tyre 
across the causeway by w^hich Alexander joined the island to the 
continent. What a contrast between the entrance of the Mace- 
donian conqueror and the strangers from the "Western world, led 
by such a governor, followed by such troops. 

After some time. General Cass wishing to make a return for the 
politeness he had received, sent a messenger to the Pasha's resi- 
dence to inquire where he could wait upon the great man. He 



OF LEWIS CASS. 357 

received for answer from the secretary, that his master was drunk 
and asleep, and that as soon as he should be awake and sober, 
General Cass should be informed, so that he could make his call. 

From Tyre the journey was continued through Acre, and over 
Mount Carmel, and by Cessarea to Jaffa. There the Constitution 
received the travelers, and sailed for Cyprus, the island of Venus, 
and disembarked them at the port of Larneca. After looking 
around its neighborhood, an expedition was planned into the in- 
terior of the island, and the party visited the capital, Nicosia, the 
seat of government and the last position surrendered by the Vene- 
tians to the Turkish power. The remains of the haughty republic 
are every where visible, and the fortifications are yet furnished 
by the artillery that she surrendered. The Pasha was a Turk of 
the old school. He did not wear the Fez cap nor the other cos- 
tume prescribed by the sultan. His full turban and his flowing 
robes showed that in his feelings he belonged to a past age, and 
from the remoteness of his position, he did not much trouble him- 
self about his responsibility. Wherever General Cass had previ- 
ously come in contact with the Turkish authorities, he had been 
treated with much deference and attention ; and afterwards, even 
Mehemet Ali rose from his divan, and advanced to meet him as 
he entered the apartment. But the Pasha of Cyprus attempted 
to play another part. He sat still without inviting his guest to 
take a seat beside him. But General Cass met and rebuked his 
incivility by a prompt movement. The large chamber of audience 
was filled with Turkish officers and attendants, and General Cass, 
as soon as he perceived the part the Pasha intended to play, re- 
placed his hat upon his head, which he had removed, and walked 
up to the divan, and coolly took his seat beside the governor. 
This step answered the purpose, for pipes and coffee, the evidence 
of Turkish hospitality, were immediately introduced, and the in- 
terview passed off very agreeably. 

From Cyprus the voyage was continued to Egypt, and the Con- 
stitution came to anchor in the port of Alexandria. Mehemet Ali 
was then at that city, and General Cass had an interview with 
him. He was an able man, and had raised himself by his own 
exertions to the throne of the Pharaohs and the Ptolemys. He 
conversed with much freedom, and his manners were polished. 
He had the most prodigious white beard, perhaps, to be found in 
the east, of which he was evidently proud. There are not many 



358 LIFE AND TIMES 

existing objects around Alexandria wortliy of attention. What 
there are were looked at by the party, who there embarked on 
board a boat and passed through the canal to the Nile. They 
entered that river and ascended it to Cairo. It is a prodigious 
stream, running almost two thousand miles without a tributary, 
a fact, as Humboldt says, without example in the hydrography of 
the globe. It resembles the Missouri, for its current is equally 
strong and the water turbid, boiling and eddying in its course, 
almost an object of fear. Cairo and its vicinity furnish many 
objects of interest, and these were not neglected by the party. 
Among others was Heleopolis, or On, in the land of Goshen, 
where one of those massive columns, covered with hieroglyphics 
peculiar to Egyptian architecture, is yet standing in a deserted 
spot, the sole memorial of departed greatness. 

A journey to the Pyramids was of course not neglected. These 
massive structures have so often been described, as render any 
peculiar reference to them unnecessary. General Cass ascended 
the great pyramid of Cheops, and there explored its various 
chambers, together with its subterranean grottos beneath. These 
prodigious, but apparently useless works, for ages have excited 
the admiration of the world, and will hereafter contimie to do so, 
for they may bid defiance to the effects of time. From Alexan- 
dria the homeward voyage to Toulon,- by the way of Minorca, 
where quarantine-was performed, was prosperous, and the party 
landed upon the shores of France, without a single untoward 
accident. 

From the above itinerary it will be at once seen how interesting 
an outline is presented for the observations of our distinguished 
tourist, and the contemplation of the reader. The limits of this 
work will not permit us to follow him minutely in his path, and 
we must be content with presenting a few of his memoranda, 
because they are descriptive of interesting scenes and incidents 
that occurred as he passed along the route. 

He states that the Nile, in its general features, bears a strong 
resemblance to the Missouri. The water has the same thick, tur- 
bid appearance, bringing down with it an immense quantity of 
the soil of the upper regions, carried off by the rains or fallen from 
the banks, undermined by the action of the current. It is lighter 
colored than the water of the Missouri, but equally impervious to 
the view, it being impossible to discern an object in either stream 



OF LEWIS CASS. 



359 



an inch below the surfiice. " The strength of the two currents we 
should judge to be about the same, equaling, certainly, five or six 
miles an hour ; and both exhibit that turbulent, agitated appear- 
ance indicative of great depth and velocity, and which can not be 
regarded without awe. The Nile, where the Mahmondieh canal 
enters it, must be a mile broad ; and, when it is considered that 
the Damietta branch, on the other side of the Delta, is of equal 
size, and that there are a number of other passages, which convey 
that water either to the sea or to the lakes, which are filled during 
the inundation, we may form some conception of this great Abys- 
sinian outlet. We ascended it at the hight of the inundation. At 
Cairo, the minimum of this hight, above low water, is six thousand 
eight hundred and fifty-seven metres ; its medium seven thousand 
four hundred and nine metres ; and its maximum seven thousand 
nine hundred and sixty-one. To this, if we add the general depth 
of the stream at low water, equal to one thousand eight hundred 
and thirty metres, we sliall have nine thousand seven hundred and 
ninety-one metres for the depth at the period of the greatest ele- 
vation. It preserves this altitude, or nearly so, for many days ; 
because, as it approaches or recedes from it, its changes are slow; 
and all this immense mass of water is furnished by the regions 
south of Egypt. For a thousand miles there is not only no tribu- 
tary stream, but evaporation, the aridity of the soil, and the 
purposes of agriculture are continually diminishing the volume. 
From the earliest period it has rolled down this mighty mass with 
the certainty and precision of tlie revolving seasons, generally with 
a quantity sufiicient to irrigate the soil, and to prepare it for its 
destined crop, but sometimes, indeed, with a diminished supply, 
followed by periods of scarcity or famine, like that recorded in the 
history of Joseph, ' when the famine was very sore ; that the land 
of Egypt and all the land of Canaan fainted by reason of the 
famine.' The Nile had, no doubt, failed to attain the necessary 
elevation, and sterility and want were the consequences." 

General Cass visited Ibrahim Pacha, and found him a lieavy 
looking man, exhibiting decided efiects of dissipation ; and it was 
a well known fact that he habitually indulged in intoxication. In 
the Morea and in Syria he had exhibited military skill, but sullied 
by the most atrocious cruelty. As to protection from oppression, 
the word was not known in all his viceroyalty. No man's person or 
property was safe for a day. The Imperial Manslayer, was one of 



3G0 LIFE AND TIMES 

the titles of the Grand Seignor, and was not a barren one. But, 
as all governments have some practical check, so, in this case, the 
royal butcher was restricted to forty victims a day. In like man- 
ner, the Captain Pasha has the right to put to death the persons 
of his suite, Q,\\^^jperhaj)s^ the marines serving his fleet. General 
Cass understood that this high officer had recently, when at Con- 
stantinople, lost a favorite diamond aigrette, given to him by the 
Sultan ; and not being able to find it at a moment when he desired 
to visit his master, in a fit of passion he threw one of his servants 
into tlie Bosphorus, and blew out the brains of another with a 
pistol. 

The conduct of the Egyptian government, in the excavation of 
the Mahmondieh canal, furnished another illustration of the reck- 
less disregard of human rights and human life. Instead of a just 
and systematic arrangement for the employment and subsistence 
of the necessary laborers, the miserable Fellahs were literally 
driven from their villages, and compelled to work on this canal. 
It was computed that not less than three hundred thousand were 
thus seized, of whom, at least, twenty-five thousand perished from 
hunger, fatigue, and the hardships incident to want and exposure. 
They were furnished with no instruments of labor, but the earth 
was dug with their hands, and carried away in the miserable rags 
which barely covered their nakedness. Fortunately, in one respect, 
for them at least, the soil was alluvial, and without a stone on the 
whole route. The country was almost a dead level, and there was 
not a lock upon the canal. There is a sluice at each end, to regu- 
late the admission and escape of the water, but no means for the 
passage of boats. The work, in fact, is a large ditch, without 
science in the plan or skill in the execution. It is so crooked that 
the distance is probably increased one third, without the slightest 
necessity for this deviation from a direct line, and, apparently, 
because chance assigned to the laborers their stations. Traveling, 
though, was perfectly safe, and the police admirable. All the 
agents of the government, from the Pasha down, are possessed of 
unlimited power, and everything gives way before its use and 
abuse. At Boulah, the port of Cairo, he saw police officers 
impress a crew for the boats which had been assigned him, by 
pushing into a crowd with a long rope, and sending on board all 
who were encircled in it, without the slightest regard to any 
arrangements for their pay or subsistence. General Cass, however, 



OF LEWIS CASS. 361 

in this instance, saw to it, that they had their pay and whole- 
some fare on that voyaf^e up the Kile in a canga, wafted either 
by the wind or slowly dragged by the boatmen. 

But the Egyptian police fulfilled this duty in their own peculiar 
way. The government ordered them to render the pilgrims from 
the far west to the shrines of the east, any assistance that might 
be necessary for the objects of their voyage. There was a crowd 
upon the shore, gazing on the strangers and their preparations. 
Two turbaned agents seized the ends of a rope, and, passing rap- 
idly into the assembly, enclosed within it a sufficient number for 
the purpose, serving this Mahometan writ as coolly, and with as 
little resistance, as would attend the proceedings of a constable in 
this country, who should summon a man before a justice of the 
peace, for a debt of five dollars. 

He passed over the site of Memphis. Here there were no ruins 
— no food for the senses ; all belongs to the imagination. One 
monument only survives to tell the traveler where this proud 
capital of the ancients stood. Some years before, a huge statue 
was discovered in this place, and had fortunately escaped the 
hunters of curiosities. It was a landmark, and little doubt exists 
that it was placed there by Sesostus, in front of the temple of 
Yulcan, in Memphis. By the conoscenti it is considered an admi- 
rable specimen of ancient art, and to him even, having no claims 
to virtu^ it presented a most interesting spectacle. It lies with its 
face downwards, and is nearly perfect to the knees. It is forty- 
five feet in hight. 

" Memphis," says the General, " is situated in what we should 
call a 'bottom^ running from the Libyan highlands to the Nile. 
The position must have been a low one, and, we should suppose, 
insalubrious.. It is in the immediate vicinity of the Pyramids, 
which are erected upon a ridge, putting out from the main chain, 
and much lower. We counted, at Saccarah, seventeen within 
view, of different magnitudes, and in every state of decay. Near 
Saccarah, I visited the tombs of the birds — among the most curious 
and interesting objects in Egypt, not so much in themselves as 
through the illustration they afford of the character of the ancient 
inhabitants and their superstitions. The superstitious veneration 
exhibited by the ancient Egyptians for certain animals while alive 
and for their remains when dead, is among the most extraordinary 
facts recorded of the waywardness of man. We should be tempted 



362 LIFE AND TIMES 

to doubt the accounts which have come down to us had not irre- 
fragable evidence of their veracity come down with them in these 
Kecropoles. The ancient historians tell us that killing an ibis or 
hawk was a crime punished with death ; that cats were salted and 
buried in the city of Bubastes; that bitches and ichneumons were 
buried in consecrated chests, where they happened to die ; that 
hawks were removed to the city of Butes, and ibises to Hermopo- 
lis ; that others were venerated ; and that fishes, eels, and serpents 
were buried in the temple of Jupiter. What a picture of human 
weakness ! And immense receptacles were prepared under ground 
to contain the carcasses of these animals. Their extent exceeds 
ail conception. The remains are found in earthen jars, and piled 
in immense layers, one upon another. I went to the door of one 
of these catacombs, but thus far shalt tliou go and no further was 
proclaimed to me by a latitude which prohibited all passage 
through the narrow entrance, except to those who had been more 
ascetic than myself I left to my smaller companions to penetrate 
into these chambers of Egyptian superstition, while I amused my- 
self in the sand on the outside, during a^jZ^asaw^ day in September, 
under an African sun, in examining the jars and their contents. 
I was struck here, as elsewhere, with the character of indestructi- 
bility which seems to attach to the rude pottery of the ancients. 
Whether it be the nature of the manufacture, or the state of the 
climate, which confers such durability upon this ajDparently fragile 
material, I know not. Perhaps both contribute to the result." 

The memorable journey of the children of Israel has furnished 
a theme for criticism and examination for critics and commenta- 
tors, from the earliest period of the church. Our distinguished 
traveler found insurmountable difficulties in tracing the exact 
route of this large caravan, and in identifying the . site of each 
encampment, as they proceeded, day by day, on their immortal 
pilgrimage. A cycle of four thousand years had passed since the 
wonderful event. Nations had risen and decayed in the mean- 
time. The face of the country had changed. Many a fountain 
had been choked by the sands of the desert, and many a fertile 
spot laid waste. The only wonder, indeed, is, that so much 
remains to attest the truth of a narrative, written forty centuries 
before. It was true the Red Sea remained ; Mount Sinai was 
there, and so were the mountains of Seir, The face of the coun- 
try remained, with its sands increased and its oasis diminished — 



OF LEWIS CASS. 363 

the necessary consequence of the loss of its popnUition and agri- 
cultnre — but with its general features unchanged ; and also 
remained as unchanged as any of these, the character, manners 
and customs of the nomadic tribes, who then, as now, roved over 
the country with their flocks and herds. 

" ' Would to God we had died in the land of Egypt,' was the 
emphatic declaration of the moving multitude," says the General, 
in his memoranda. During their whole route, whenever any 
difficulty occurred, they contemned the injunctions of their divine 
guide, and the remonstrances of their faithful leader, whose task, 
looking at the nature of the regions he traversed, and the number 
and temperament of his countrymen, was one of the most irksome- 
and responsible on record; and they longed for the "flesh," and 
the " flsh," and the " cucumbers," and the " melons," and the 
"leeks," and the "onions," and the "garlics" of Goshen. And, 
by the by, it is worthy of remark, how, in these instances, as in so 
many others, the Scripture narratives are corroborated by the 
existing habits and manners of the eastern nations. Every trav- 
eler in Egypt must have observed the immense quantity of these 
vegetables which are consumed there, and the large proportion 
which they furnish of the subsistence of the inhabitants. And it 
is thus we every day receive some new confirmation of the truth 
of the oldest and most authentic record of human history. 

When General Cass was approaching Jerusalem, the city whose 
associations are as imperishable as the eternal hills that environ 
it, he says his impressions were somew^hat diflerent from Ameri- 
can and English travelers who had preceded him. He thought 
that the difierence in these pictures of impressions was not owing 
solely to the difference in the constitutions of the artists who drew 
them. " Jerusalem is upon an inclined plane, opening to the 
north-east, and j)resents its fairest prospects to the traveler ap- 
proaching it upon the road from Damascus. But, from the south 
the eye meets the higher part of the city, and rests almost exclu- 
sively upon its bleak hill and upon its dark and naked wall. It 
is indeed no longer ' fretted M-ith golden pinnacles,' but neither 
did it strike me to be so utterly disconsolate in its appearance, as 
some have said. Tradition has marked the spot of every interest- 
ing incident which the Scriptures record as having occurred 
within its walls. Credulity and skepticism have equally exam- 
ined and discussed these legendary tales. But probably not one 



364: LIFE AND TIMES 

stone of ancient Jerusalem remains in its place. Tlie guides point 
to a part of the foundation of the walls facing the valley of Jehos- 
haphat, where are some large blocks, apparently of an earlier age 
than the rest of the structure, and consider these as the relics of 
the ancient city. But this is a mere conjecture, resting upon no 
established proof. Jerusalem has been swept with the besom of 
destruction. The imprecations against her have been fulfilled. 
Tlie Assyrian, the Greek, the Roman, the Crusader, the Turk, the 
Egyptian, have marched over its walls, and established their 
camps in its holy places. Superstition, fanaticism, revenge, have 
conspired to sweep away its monuments, and to make it desolate. 
The great features of its topography no human power can change. 
They have been imperishably marked out by an Almighty hand. 
Its site occupies the projecting 23oint of a high hill, bounded on 
the east by a deep, narrow valley, successive portions of which 
were called the valley of Kedron, of Jehoshaphat, and of Siloam, 
in the bottom of which flows the brook Kedron, and on the 
Bouth-west and south, by the valley of Sihon, where trickles the 
little stream called Gihon. These rivulets unite a short distance 
below the pool or spring of Siloam, and wind their way among 
broken mountains to the Dead Sea. On the north-west the city 
joins the table land of the country, and it is in this direction that 
it has been successively enlarged and contracted, as prosperity or 
adversity augmented or diminished its population. And although 
it has been said that the ancient city extended across the valley 
of Gihon, yet the conjecture has been advanced solely to render 
the legendary sites of some of the miraculous events which 
occurred witliin its walls, consistent with Scripture narrative, and 
is contradicted by the nature of the ground; for it is unreasonable 
to suppose that the advantage of a strong position would be aban- 
doned by enclosing a deep valley, when there was space enough 
on the table land for indefinite extension. Whoever visits these 
traditionary sites, should do so without investigating too narrowly 
the evidence by which they have been established. He can not 
be far wrong, for the compass within which the facts occurred, is 
but a narrow one. And there is an indefinite sentiment of awe 
and veneration, in believing we are standing upon the very spot 
where our Savior was judged, crucified, and buried. If there were 
no idle mummeries around one, this feeling would be deeper and 
holier; but it is impossible wholly to abstract ourselves from the 



OF LEWIS CASS. 365 

circumstances with wbich superstition has invested these places. 
Still, the moment when he stands upon the hill of Zion is an era 
in the life of any man, and he feels more concentration of exist- 
ence at that instant, than is given to him to experience upon any 
other spot on the face of the earth. 

Without the circuit of Jerusalem, uncertainty ceases. The 
Mount of Olives, the Garden of Gethsemane, Mount Gihon, the 
Mount of Evil Counsel, the pools, the fountains, the brooks, all 
remain as in the brightest days of Bible history ; deprived, in- 
deed, of all their monuments, constructed when Solomon made 
silver to be in Jerusalem as stones, and when cedars were as syca- 
more trees in the vale for abundance ; but impressive and inter- 
esting in their desolation. And he who can roam among these 
solitary places, without feeling his faith strengthened and his heart 
touched, has none of the true characteristics of a pilgrim, and 
will find himself a stranger in the " Holy Land." 

The Mount of Olives, which overlooks Jerusalem, derives its 
name from the trees growing there, and existing from the earliest 
ages. General Cass found eight olive trees, bearing every mark 
of extreme age : and the tradition among the people invests them 
with a sacred character, as cotemporaries of the life and death of 
Jesus Christ. At the foot of the mount, divided from it by the 
brook Kedron, is the Garden of Gethsemane, forever memorable 
as the scene of the passion of our Savior. As is well known, the 
principal product of the olive tree is oil ; but General Cass found 
in his travels, that, in many places, its fruit was an acceptable 
substitute for meat, and that in Greece, a few olives, with bread, 
constituted the ration of the soldier. The tree approaches, if it 
does not equal, the cedar in longevity. There is a plantation yet 
bearing at Terni, in Ital}^, which is said to be composed of the same 
trees described by Pliny as growing there in the first century. 

General Cass had too much of the true spirit of a pilgrim not 
to visit Jericho, the Jordan, and the Dead Sea. "A more dreary- 
looking region," he says, "he never saw but once, and that was upon 
the River Ontonagon, which enters Lake Superior upon its south- 
ern side, and which for barrenness and desolation may have a rival, 
but certainly can have no superior on the face of the earth. And 
to those who know the acuteness of the Indians, in directing their 
course through the forest, it is a sufficient proof of the nature of 



366 LIFE AND TIMES 

this district to say, that an active Chippewa, who was with me, 
was unable to thread his way out of this labyrinth. 

"From Jerusalem to the precipitous cliffs overlooking the plain 
of the Jordan, the country offers a succession of high sharp hills, 
without trees or any kind of verdure, and covered with black, 
rugged rocks. The narrow path winds its w^ay amongst those 
stupendous masses, following the gullies worn by the water-courses, 
until it attains the brow of the ridge, looking down upon the val- 
ley, the river, and the lake. And a quiet-looking sheet of water 
it is ; but oh ! how different from those beautiful reservoirs which 
our own beloved country spreads out, embosomed among green and 
fertile hills, and variegated by all that can render them pleasant 
and useful. Within this vale there are no trees, no vegetables, 
no inhabitants, no domestic animals, for a few miserable Arabs 
are not enough to form an exception. Neither is there any soil to 
minister to the wants of man ; for a saline incrustation, deposited 
by the fogs of the sea, covers the earth, and is destructive to 
vegetable life. The descent of the mountain is so precipitous, 
that great care is necessary to prevent accidents. When I made 
this journey, the faithless guides were desirous I should pass the 
night at the miserable residence of the Shieck on the ruins of 
Jericho ; but knowing the dirt and worse than dirt of an Arab 
village, I determined to avoid it. I was told, there would be dan- 
ger from some of the wild tribes, if I stopped short ; but I put 
my faith in the terror inspired by the name of Mehemet Ali, and 
slept soundly and safely at the spring of Elisha, and blessed the 
prophet for his miraculous intervention, which had converted the 
saline waters of this lovely fountain into as pleasant a draught as 
ever delighted a thirsty traveler. If this is not the fountain of 
the palm trees, where the Christian knight and the Saracen Emir 
kept truce together, after the combat recorded in 'The Talisman,' 
I know not where to seek it. The topography, indeed, of this 
region is not in strict keeping in this most interesting romance ; 
but, though false to fact, it is true to nature. If the pilgrimage of 
the Scottish crusader led him to the convent of Santa Caba, in the 
desert of Saint John, his visit to the Dead Sea was a work of su- 
pererogation to himself, but most acceptable to the reader, who 
finds in tlie description of this detour^ some of the most powerful 
delineations of natural objects, and some of the most striking 
incidents, which we owe to the genius of Scott. 



OF LEWIS CASS. 367 

"The reverberation of the sun's rays gave lo the vale of Siddrin 
an equatorial heat in the month of August, and I raised myself 
from the fount of Elisha, and resumed the route to the Dead Sea, 
before the dawn of day, to avoid, as much as possible, the noon- 
tide sun. I traversed much of the space between Jericho and the 
shore of the lake in the night, and a most impressively mournful 
ride I had of it : over barren sands, covered here and there by 
low, stunted bushes, every now and then striking us in the face, 
to warn us, as it were, that the home of the wild Arab was around 
us. And, as the streaks of morning light dawned over the moun- 
tain of Moab, a most extraordinary spectacle presented itself to 
our eyes. An army appeared upon the dreary, deserted sand, be- 
tween us and the dark water, which stretched away beyond the 
view, lost in the high ridges which overhung it. Ko deception 
was ever more complete ; for long ranks of soldiers seemed drawn 
up, marching and counter-marching in nil directions, with great 
reo-ularity. It looked as if the genius of the ])lace had embodied 
his forces, to bar all access to his gloomy dominions. And it was 
only as the day advanced, and as we approached the shore, that 
our formidable enemy assumed the peaceable shape of countless 
flocks of birds, of the heron species, who, the Arabs say, come to 
pass the night upon the sand, and in the day seek their food 
among the reptiles in the mountains. The immensity of their 
numbers exceeded all imagination : and, if the regions of Pales- 
tine are fertile in nothing else, they must be most prolific in 
snakes, if the Arab natural historian may be trusted. And this 
is the Dead Sea, and below these dark waters are the sites, per- 
haps the ruins, of Sodom and Gomorrah, such as ' when the 
smoke of the country went up as the smoke of a furnace.' There 
is a tale, that nothing living, not even a bird, can ever cross 
this sea. 

" But there is no need of imaginary stories to highten the 
desolation of the scene, and I, as well as others, can testify to its 
inaccuracy, by my own observation. I believe, however, that its 
waters are unfavorable to animal life ; and, though a shell or two 
may be occasionally picked up upon the shore, yet these have 
been probably brought down by the Jordan. The water is exces- 
sively bitter and nauseous ; and, if additional evidence were 
wanting, I could also testify to its great gravity, and to the buoy- 
ancy of the human body when immersed in it. It is only by 



368 LIFE AND TIMES 

mucli exertion, and for a very short time, that any one can get 
and remain below the surface. 

" I went from here to the Jordan, and struck the river, where, 
tradition says, the children of Israel passed over when they lirst 
entered the Land of Promise. On the west side is a low bottom, 
and on the east side a high sandy bluff, and the shores of the river 
are covered with aquatic bushes. The water was thick and tur- 
bid, and the current rapid, and too deep to be sounded, ' for Jor- 
dan overflowed all his banks, all the time of harvest.' And here 
crossed the Jewish nation, over this turbulent stream, 'on dry 
ground, until all the people were passed clean over Jordan.' And 
I followed their route to Jericho — the frontier city of the Canaan- 
ites — where 'the people shouted with a great shout, that the wall 
fell down flat, so that the peoj^le went up into the city, every man 
straight before him, and they took the city.' There is no city now 
to take, nor are there any walls now to fall. There are a few mis- 
erable hovels, made of rude stones and mud, and the ruined walls 
of a building of the middle ages, where the wretched Arabs bur- 
row, rather than live. Jericho has disappeared as completely as 
her rival cities, which sunk before the wrath of the Almighty. 
And it requires an effort to be satisfied, that here the great miracle 
which attended the entrance of the Jews into Canaan, was per- 
formed, though the truth of the denunciation is before the eyes of 
the traveler ; ' cursed be the man before tlie Lord, that raiseth up 
and buildeth this city of Jericho.' " 

General Cass wended his way across the hills of Judea, and 
over the plains of Galilee ; and he felt as if lie was, in truth, 
treading upon sacred ground. He followed the path often trod by 
the Savior and his lowly disciples, and was enraptured with the 
association of ideas that — coming from far — crowded upon his 
mind. lie was in Sidon, situate on the sea coast, and in a state of 
misery and decadence. It was originally an open roadstead, fur- 
nished with an artificial mole, the remains of which he beheld. 
He did not tarry there long, and on the morning of the succeed- 
ing day after his entrance, he put its miserable walls behind him, 
and found himself straightway on the sandy beach of the sea. 
After traveling this some two miles, he began to ascend the head 
of a small stream, deriving its sources from the Eidges of Leba- 
non : for he was on his way to see Lady Stanhope. He soon left 
this stream — lined with fig and mulberry trees, and interminable 



OF LEWIS CASS. 369 

vines — and traversed a very rugged and inhospitable country, as- 
cending and descending hill after hill, each composed almost 
wholly of rock, till he came in sight of the little insulated moun- 
tain, where the lady had established her lonely dwelling. Almost 
conical, it was separated by a deep valley from the other hills. 
He toiled up its precipitous sides by a narrow winding path, en- 
joying the full benefit of a Syrian mid-day sun. When on the 
top, he stopped a moment for rest, and to survey the j)rospect. 
Steep valleys on every side seemed to enclose similar hills. !Near 
was one having on its top a Greek convent, and others in the dis- 
tance spotted with villages, Greek, Arab, and Druse. His eyes 
scanning the soil, fell upon nothing that indicated fertility: and 
upon the very top of the hill, the self-expatriated Lady Stanhope 
had established her residence. He found the cluster of houses 
built in the Arab manner, low, irregular, and quite detached, of 
stone, rudely constructed, and surrounded with a stone wall. 
There were some fig and pomegranate trees, vines and flowering 
shrubs, cultivated with care, and furnished with water brought 
from some distant spring in the valley below, for the hill itself 
was as destitute of water as the deserts of Arabia. 

He had taken the precaution before leaving Sidon, to transmit, 
by a messenger, his card and letter, stating his desire to have an 
interview with her ladyship. He had understood, M'hen in Da- 
mascus, from the French consul, who had been for some years her 
physician, that she was not always accessible, and was advised to 
give her previous notice of the visit. When he reached her 
house. General Cass found that she had not risen, for among her 
peculiar habits was one, it seems, which converted day into night. 
She had, however, it appeared, given orders for his hospitable re- 
ception, and an invitation to dine at three o'clock in the afternoon, 
when she would receive him. As he wished to visit the Emir 
Besheir, the prince of the Druses, who was about seven hours' 
ride beyond, in the midst of the Ridges of Lebanon, General Cass 
excused himself to her ladyship for not waiting, promising to 
make his visit to the Emir that evening, and to return, so as to 
present himself there again by noon of the next day. To this 
arrangement she assented, and he continued on his journey with- 
out then seeing her. The same uninviting country met his view, 
until he crossed some steep, rocky ridges, and struck a pretty 
stream, which discharged itself into the Mediterranean, between 
24 



370 LIFE AND TIMES 

Sidoc and Beyroot. It was the one in which the Emperor Barba- 
rossa was drowned, while engaged in a crusade. He traveled up 
this stream to its source, and, after dark, reached the residence of 
the Emir, one of the most romantic spots he had seen. The Druses 
— a singular people — occupied these mountains. They have pre- 
served a species of independence, and were governed by their own 
princea. He was received and treated with true Arab hospitality. 
The palace was by far the most magnificent building in Syria, and 
more than four times the size of the President's house. General 
Cass understood that the Emir kept a thousand servants ; and, 
during this day's journeying, he saw, for the first time, those horns 
alluded to in the Scripture, which are worn by the women. They 
were, at least, fifteen inches long, and rise over the forehead, 
covered by a veil, and most uncouth looking objects they w^ere. 
He was back to Lady Stanhope's by the hour indicated, the next 
day, and was introduced into her private aj^artment. He found 
her sitting, dressed like an Arab, clothed in a robe, with a turban 
upon her head, and smoking a long pipe. She was tall and spare, 
with a wan and sickly complexion, and, apparently, about sixty- 
five years of age. There was a settled melancholy, which added 
to the interest of her appearance, and the recollection of what she 
had been, contrasted with what she was, produced a powerful im- 
pression upon her visitor. Engaged, in early life, to Sir John 
Moore, he looked for those traits which might be supposed to have 
attracted this great captain. But the remains were not to be found. 

General Cass had an interesting interview with his eccentric 
hostess, although she had so far lost her command of the English 
language as to be driven occasionally to have recourse to the 
Arabic. She spoke, with vivacity, of many of the distinguished 
compeers of her uncle — William Pitt. She had traversed almost 
all the country between the Euphrates and the Mediterranean, and,, 
by her conduct and her largesses, acquired an extraordinary influ- 
ence over the Arabs. She was even saluted Queen of Palmyra, 
amid the interesting ruins which attest, on a small oasis in the 
middle of the desert, the former power of Zenobia. But she had 
found the Ishmaelites poor pillars for a throne to stand upon — a 
foundation as unstable as their own sandy ocean. They cried 
"more! more!" till the lady's treasury was nearly exhausted. 

And General Cass was in Tyre. " How changed," he writes, 
" is this Turko-Egyptian-Arabic town — dirty and disgusting as it 



OF LEWIS CASS. 371 

is, and filled with all manner of abominations — from the mighty 
Tyre of antiquity, the Queen of Nations! Surely has the male- 
diction of the Almighty fallen upon her, and the prophecy of 
Ezekiel been fulfilled, that the world would lament over, ' saying. 
What city is like Tyre — like the destroyed in the midst of the sea?' 
It is, at present, a small place, situated on the shores of the Medi- 
terranean, and upon an extensive plain, now sterile and unculti- 
vated, but once rich and productive. The Ridges of Lebanon 
diminish here much in hight, and recede from the sea, so as to 
leave an extent of country beautiful to the eye, but desolate and 
dreary. The town contains about twenty-five hundred inhabitants, 
and it is the very picture of misery. The buildings are old, mean, 
and dilapidated; the streets are narrow, dirty, and crooked, and 
with all the disgusting appendages of a Turkish town. The inhab- 
itants are in the last state of destitution. The Governor is a neerro, 
who came out with his Egyptian troops to do me honor, and gave 
us a salvo from a rusty piece of ordnance, calculated to terrify his 
friends more than his enemies. Never did the uncertainty of 
human pomp and power strike me with more force than when I 
passed under the rude portal of that city, and contrasted our 
entree^ preceded by a few miserable Turkish troops, led by a negro, 
and surrounded by a crowd as wretched as even Syria could fur- 
nish, with the splendid processions which had many times traversed 
the same route, with all 'the pomp and circumstance' of eastern 
pageantry. I went to the house of a person calling himself the 
American Consul — an American Arab. The consulates in this 
region are desirable situations, not for their emoluments, but be- 
cause they confer valuable privileges and immunities upon the 
possessor. They are preceded in public by two persons, carrying 
long staves, with silver heads, and they enjoy an entire exemption 
from all impositions, and from the jurisdiction of the local author- 
ities. After some refreshment and repose — for the day was a 
burning one — I proposed to return the visit of our Ethiopean 
friend, but was told, quite frankly and without hesitation, by the 
consul, that he was too intoxicated to see us ; and I sat still, wait- 
ing the happy moment of his excellency's return to sobriety." 

General Cass, returning to France, arrived in Paris in Novem- 
ber, 1837, after an absence of eight months. He had seen many 
of the most celebrated objects of nature and art in the East, and 
returned from them disappointed, with but three exceptions. St. 



372 LIFE AND TIMES 

Peter's, at Eome, fulfilled and surpassed all previous conceptions ; 
and, after all that Lad been written npon the monuments of anti- 
quity, he believed that superb basilic was fitted to produce more 
powerful impressions upon the spectator than any other building 
ever constructed by human hands. The ruins of Baalbec was 
another, and might be approached with similar convictions; and 
the traveler, however highly wrought might be his expectations, 
would leave its columns, its porticos, and its enormous masses of 
hewn stone, with sentiments of wonder and admiration. The river 
Nile was the third object that surpassed his most sanguine antici- 
pations. 

The most interesting relic of the ancient vegetable creation he 
found upon one of the Eidges of Lebanon, not far from the renowned 
temple of Baalbec. It consisted of twelve gigantic cedars, the 
remains of the primitive forest which once covered that great 
mountain chain of Syria, and which yet rear their heads, prodigies 
of vegetation, and each surmounted with a dome of foliage over- 
shadowing the spectator, as in the time of biblical story. One of 
them is forty-five feet in circumference, and all, both in size and 
hight, tell of the long ages that have swept over them. If these 
mute monuments of the past could rehearse the scenes that have 
trans2:)ired in the shadow of their foliage, what lessons might they 
not teach, in the long interval that has elapsed since these hills 
resounded with the noise of the workmen preparing the timber for 
the temple of Jerusalem, to the solitude which establishes its dwell- 
ing place wherever the Moslem jjlants his standard. 

He saw the pyramids, mounds of earth, and tumuli, often spoken 
of by tourists and travelers, but he did not survey them with 
superstitious awe. Like the aboriginal structures and mounds of 
his own country, he easily solved, in his own mind, their origin 
and use. Judging from the social condition and institutions of 
any people, civilized or barbarous, there are but three objects, in 
his opinion, to which they could have been applied. These are 
defense, religious worship, and inhumation of the dead. Accord- 
ing to the nature of their construction, they have all served for 
one or other of these purposes ; and, perhaps, some of them, prob- 
ably the most extensive, may have been, at the same time, fortresses, 
temples, and cemeteries. He has found them in every situation ; 
in the lowest valleys and on the highest hills ; in positions almost 
inaccessible, as well as in those where defense would seem to be 



OF LEWIS CASS. 373 

hopeless, according to any system of warfare known to us ; sup- 
plied with water and wholly deprived of it ; and of every form 
and extent, from a small, isolated enclosure to works covering a 
large extent of space, and presenting great variety in their size 
and in the distribution of their component parts. 

But, in traveling through the desolation and solitude of the 
countries he had visited, he had learned to appreciate the flag of 
his country. The star-spangled banner never appeared to him 
more beautiful than when the winds unrolled its folds over his tent 
in the desert ; and he did not recollect that he ever had a prouder 
hour than when he entered, with a party of his countrymen, into 
the ancient city of Damascus, which existed in the days of Abra- 
ham, and which yet constitutes the heau ideal of an eastern city, 
as painted in the Arabian tales, preceded by the flag of his coun- 
try, which attracted the gaze of the wondering Moslems. " If 
there is a dissatisfied American," says he, " I trust I need not say 
that I do not allude to our comparatively little internal difierences 
of policy, but to the great principles of our government, and their 
practical operation — let him examine the condition of other nations, 
and, if he does not return a better citizen and a more contented 
man, I will agree to forfeit all claim to the gift of divination. This 
love of country is a mysterious sentiment. Dormant under ordi- 
nary circumstances, it is awakened and becomes intense as we 
recede from our own shores, till, when half the globe is interposed 
between the pilgrim and his home, the love of that home is the 
absorbing passion of his existence." 



374 LIFE AND TIMES 



CHAPTER XXIY. 

General Cass resumes his Official Duties— ffis Position at Court— Intimacy with the King— Jealousy of 

England— His Memoranda relative to Louis Phillippo, his Court and Government— The Reasons 
for Publication— Charges made against General Cass Examined— Their Refutation. 

General Cass returned to France with improved health and 
vigor. Valuable as his journey had been to himself personally, 
in improving his health and increasing his stock of general 
information, he also had an opportunity of becoming acquainted 
with the defects and faults of the consular system of the United 
States, and with their commercial and diplomatic interest in those 
remote countries. He communicated the result of this tour to the 
Department of State, disclosing many important improvements, 
and some day they may be instrumental in the foundation of a 
new theory of trade and intercourse with the decaying and decayed 
nations he visited. 

Every minister at a foreign court performs a duty of no slight 
import to his country, in endeavoring, in all ways fit and honor- 
able, to excite towards himself the personal good will and esteem 
of the government to which he is accredited, and of the people 
where he resides. It tends to give him influence and power per- 
sonally, and attaches more consideration to his diplomacy. Such 
always has been the aim of every prudent and sagacious ambas- 
sador of all civilized countries, and such is invariably the rule of 
conduct suggested in the official instructions. And especially so 
had been the policy pursued by American ministers at the court 
of St. Cloud. It was this far more than any other known efficient 
means, that enabled Franklin and his colleagues to get the ear 
of Louis XVIth. Jefferson, if his own recollections are to be 
credited, had the entree at the French court, and was on the most 
intimate terms of social, unofficial intercourse with the sovereign 
and family, and his own country has had the benefit of it. 

Louis Phillippe was not a stranger to the United States or their 
institutions. He had in other days, as an exile from his beloved 
France, wandered in many climes, mingled with the people, and 



OF LEWIS CASS. 



875 



was conversant with their character and sentiments. He had not 
always been limited in his peregrinations to the palace yard. He 
had had other companions than flatterers and courtiers, and was 
accustomed to the rough usages of the world that moves outside 
of the circle of the throne. Years before the time of which we 
write, had he explored the woods and rivers of the United States. 
He was familiar with that portion where the American Minister 
had spent so much of his life, and having acquired an affable 
demeanor whilst at the foot of the throne, he did not interdict it 
when clothed with the robes and sovereign attributes of royalty. 
Besides, General Cass had been too long on the stage of public 
life, had been a leading actor in too many of the great transactions 
of government, not to be well known in a town so enlightened, 
and comparatively bo near, as that of Paris. He was found, upon 
near acquaintance, to possess a fund of anecdote, and apparently 
an exhaustless stock of information in all that related to his coun- 
try, its history, condition, and men of note in every locality. As 
for the aborigines of the western continent, it was difficult to put 
a question that he could not intelligently answer. The various 
tribes, with all their sub-divisions, from Maine to Georgia, and 
from the sea coast to the base of the Kocky Mountains, he could 
locate and describe. He knew their manners and customs, their 
disposition and life— for he had summered and wintered with 
them, in peace and in war. 

To the traveler in Europe who has visited the salons of learning 
and philosophy, it is unnecessary to say, that no topic is suggest- 
ive of more interest than the nomadic nations of the earth. And 
strange would it have been if the American Minister's knowledge 
of those that inhabited his own country, had not attracted atten- 
tion. The king of the French was delighted with his society; of 
his own accord, in token of his high esteem, tendered the hospi- 
talities of the court, that the Minister's sojourn might be agreeable, 
and on no occasion omitted the respect which he felt to be due to 
so eminent a republican, and to so powerful a republic as that 
which he had the honor to represent. England and Austria were 
competitors for supremacy at the court of Louis Phillippe, each in 
turn striving to undermine the other in official influence. They 
stood at the head of diplomacy in the French capital, but ere two 
years had elapsed, as we shall presently see, they became jealous 



376 LIFE AND TIMES 

of the United States, and turned their attention to that quarter of 
the diplomatic circle. 

General Cass, as was his duty, sought, as honorably he might, 
to strengthen the influence of his government, and on suitable 
occasions availed himself of opportunities thrown in his way, to 
cultivate the acquaintance of the king and his family. If this 
would create intimacy, intimacy would create influence. Pos- 
sessed of stores of knowledge beyond mere politics, he had a better 
groundwork for statesmanship than if his mind was only filled 
with current politics. Where the mind thus imbued is practical, 
as with General Cass, we have materials for statesmanship of the 
first order. The liberalizing influence of letters is well calculated, 
in a country where political passions are so fierce as in ours, to 
soften the asperities of strife, and stop party from running into 
extremes. As the spheres of duty increase with such men, new 
and higher qualities are ever apt to be developed. So it was with 
General Cass when transferred from the home service to the court 
of France. 

The cabinets of London and Yienna became alarmed at the 
rising influence of the American Minister. There were many 
grave questions to be considered and settled in the code of 
nations, and to hold Russia, it was necessary to retain paramount 
influence in France. And England would, if she could, interpo- 
late her restriction on the freedom of the seas. The king of the 
French was flatteringly spoken of by her youthful queen, and by 
her lords and commons. But it was necessary to break that 
mysterious cord of friendship evidently existing between the 
king and the American Minister. A series of moves upon the 
diplomatic chess-board were projected, and passed to the joint 
execution of the British and Austrian ambassadors at Paris, and 
intrigue was now rampant. The nerves of the American repre- 
sentative remained steady, and he continued the duties of a mis- 
sion, fast becoming of the highest importance to his country, with 
circumspection and undisturbed serenity. His personal influence 
at court was constantly in the ascendant. Despite all efforts, the 
stars and stripes which waved over the legation, commanded 
from the authorities, both high and low, more respect than ever. 
What was to be done? John Bull grew surly, and wondered how 
such an insignificant salary could support so proud a mission. It 
was necessary to change tactics, and undermine the vigilant 



OF LEWIS CASS. 377 

Minister in his own country, and the intrigue was transferred to 
"Washington. The chief magistracy of the United States was to 
pass into new hands, and, perhaps, with a new representation, the 
tone of the court of St. Cloud might change. 

It so happened tliat General Cass had improved many of his 
leisure hours in writing for the j)eriodicals of his country, his off- 
hand impressions of manners and customs, as he found them in 
the old world. This he did to gratify the publishers, and acquaint 
his fellow-countrymen with what he had seen, for their gratifica- 
tion. And, among others, when he had nothing else to do, he 
had written out a variety of anecdotes, descriptions and reflec- 
tions, of France, its king, court, and government. He did " noth- 
ing extenuate, or set down aught in malice," and when written, 
as it was at intervals, he had no intention of publishing them in 
the form of a book. But when his sagacity, ever vigilant, pene- 
trated the British diplomacy, he concluded it would be well to 
make these memoranda public, supposing that in some way or 
other they would come under the eye of the king. There was 
not a line adverse to the rightful preference of the government of 
his own country over all other forms, but just the contrary again 
and again. But the larger portion of these memoranda was 
devoted to personal anecdotes of Louis Phillippe and his family, 
and of his journey in America forty years before. 

John Bull, however, thought it would be a capital hit to ma- 
lign the patriot of fifty years' standing, with being a courtier, and 
cite these memoranda as evidence of the charge. In England, the 
people at large read but little, and such was supposed to be the 
case in the United States. If, therefore, this charge was rung 
well by his pampered minions scattered through the States, the 
common people would believe it,' a public sentiment would be 
created against the Minister, and, in his resignation, the British 
government would be rid of him and his influence. In all this, it 
was destined to disappointment. 

General Cass a courtier ! He^ who had paddled his birch canoe 
thousands of miles, on the lakes and rivers of the west ; he^ who 
had worn his hunting-shirt in company with the buffalo, cut his 
piece of venison rib from the stake, and roasted it in the woods ; 
the identical Lewis Cass who was soused in Sciota Salt Creek, 
saddle-bags, horse, blanket and all, when a young man, practic- 
ing law in Ohio and "Western Yirginia, and making his supper of 



378 LIFE AND TIMES 

bear's meat, that lie should turn courtier sounded odd to the 
millions of pioneers who had grown up with the country. Lyn- 
chas was transformed into a rock, and the eyes of Argus into a 
peacock's train, but the strangest metamorphosis of all, would be 
General Cass into a courtier ! He was about the same sort of 
courtier while Minister in France, as he was when he was succeed- 
ing, by sterling sense and sagacity, in the negotiations of good 
treaties for his country with the Indians. A man of his mold 
knows as well how to deal with courts, and kings, and queens, as 
with the red men of our forests. 

As these remarkable memoranda give much information, we 
will transcribe a few for the double purpose of giving the reader 
an insight into them, to know them as they are, and for the 
accurate knowledge they may contain of traits in French mind 
and manners. 

In one, we find the following : " If an American first sees the 
king when making an excursion, the impression is a painful one. 
He and his cortege generally occupy three carriages, in the first 
of which, drawn by eight horses, is the king, with such of his 
family as accompany him. They are preceded by an outrider in 
the royal livery, (red,) and by two dragoons, who always keep 
themselves at a considerable distance from the main body, and 
who take care that the road is clear. These are followed by a 
detachment of dragoons immediately in front of the royal carriage; 
and on each side, and close to the doors, ride the aides-de-camp 
and orderly officers who attend the king ; and then succeeds 
another detachment of dragoons. After this come the two other 
carriages, each drawn by six horses, and preceded by an outrider, 
which are occupied by the gentlemen and ladies of the court. The 
spectacle itself is a brilliant one, from the beauty of the horses, 
the neatness, as well as the splendor, of the liveries of the outrid- 
ers, and from the arms and uniforms of the military. As the 
procession always sweeps by at a rapid rate, it seems to exhibit 
itself and disappear like the pageants in a theater. But the spec- 
tator asks himself how is it that the life of the king is exposed to 
perpetual attacks, and that the chief of one of the most polished 
nations in the world can not venture into the streets of his capital, 
without being surrounded by a physical force sufficiently strong 
to prevent all access to the royal person ? The guards who attend 
the king of the French, whenever he leaves the walls of his palace 



OF LEWIS CASS. 379 

are not in the performance of a vain ceremony, like those with 
which many of the European sovereigns are accompanied ; but 
they are in the execution of a necessary duty, and without their 
presence, the life of the monarch would not be worth a day's 
purchase. "What is the cause of this deplorable state of things ? 
Is it the fault of the king, or of his subjects, or of the government ? 
Is the root of the evil in the state of society, or in the course of 
jDolitical measures followed or rejected ? " 

In another, speaking of Napoleon, " I have often questioned the 
old military veterans of the Hotel des Invalids, those living remains 
of Jena, and Wagram, and Austerlitz, and of a hundred other 
fields, respecting their General, Consul, and Emperor, and it was 
easy to see by their sudden animation, and by their eager narra- 
tive, how proud they were to recount any little incident which 
had connected them with him. His visit to their guard fire, and 
his acceptance of a piece of their campaign bread, constituted 
epochs in their lives to be lost only with the loss of reason or 
existence. I am satisfied that circumstances have not been favor- 
able to a just appreciation of the whole character of ISTapoleon, in 
the United States. "While he was at the head of the nation, we 
surveyed him very much through the English journals, and we 
imbibed all the prejudices which a long and bitter war had 
engendered against him in England. To be sure, his military 
renown could not be called in question, but of his civic talents, a 
comparatively humble estimate was formed. I have since learned 
to correct this appreciation, particularly after I heard, at the hos- 
pitable table of General Dumas, a discussion concerning the com- 
parative merits of Louis the Fourteenth and of Napoleon, as 
legislators and administrators. 

" I had a conversation not long since with a retired statesman, 
heretofore a prime minister, and who was an active member of 
the Council of State when the Code of Napoleon, that lasting 
monument of legislative wisdom, was under preparation and dis- 
cussion. He told me the Emperor was punctual in his attendance 
at all the meetings, and careful in the consideration of the various 
subjects which occupied them. His zeal did not flag during all 
the progress of these labors, and there was great freedom of dis- 
cussion; it being ardently the desire of the Emperor that all the 
important points should be subjected to profound examination. 
I asked my informant, how the question of acceptance or rejection, 



380 LIFE AND TIMES 

as the several chapters came up for consideration, was determined; 
and, like a true American, I inquired if they were put to the 
vote. He smiled, and said there was no voting in the Council of 
State upon those topics, — that the Emperor listened patiently to 
all that was said, and then gave his own opinion, and thus ter- 
minated the subject. He had, indeed, too often an iron will and 
a heavy hand, and a grasp of ambition that seemed to augment 
as kingdoms gave way before him. His fall was a salutary lesson, 
and useful to the world, though the pride of the country was 
humbled, and its wishes disregarded in the new transfer of power. 
But if he was ambitious, he was ambitious for France: if he loved 
glory and power, he loved his country more : and he finally fell 
because he would not consent to reduce her extent, and to deprive 
her of the fruits of a quarter of a century of victories. But his 
successor at the Tuilleries could not participate in this feeling, 
and it seemed as though it were his wish to annihilate the mem- 
ory of all that France had done and earned after his expatriation. 
Consolidatino; the two reio:ns of Louis the Eighteenth and Charles 
the Tenth, into one, we have a period the most remarkable, per- 
haps, in the history of the world, for the want of adaptation of the 
measures of the government to the circumstances around it. There 
was a continued effort to approximate the epochs of 1789 and of 
1815, as though the intervening events could be erased from the 
annals of mankind, and their effects from the memory and feelings 
of the French nation. 

"How different the conduct of Louis Phillippe. He has as- 
sociated himself with the glories of his country. A new order of 
things was substituted for the past, and a new dynasty called to 
sit upon the throne. But this period of change was necessarily a 
period of excitement. All but the advocates of exploded princi- 
ples put their hands to the great work of restoration, though with 
expectations as different as the various shades of opinion which 
divided them. This state of feeling is well illustrated by the 
phrases then so much in vogue, and which seemed to embody the 
opinions of a great portion of the community, ' a monarchy with 
republican institutions.' The thought was new and the expression 
was epigrammatical, and it took forcible hold of the public ima- 
gination. Every one knew what a republic was, and every one 
knew what a monarchy was; but a monarchical republic, or a 
republican monarchy, was something new under the sun, and 



OF LEWIS CASS. 381 

every one was left free to give to it such attributes as agreed best 
with his own political views. And in this latitude of expectation, 
no doubt, many warm and honest partizans belonging to difier- 
ent shades of opinion, saw in the new government the very heau 
ideal they had formed for themselves in their political reveries. 
A monarch called to administer a government under these cir- 
cumstances, becomes, in fact, the representative of the various 
parties contributing to the work, and each expects that the 
measures to be adopted will be in conformity with the programme 
he has formed for himself." 

And on another, speaking of emeutes : " There are, at all times, 
in these old countries, many desperate adventurers, desiring a 
change in the actual establishments, in the hope of finding some 
personal advantages in the confusion. And it is diflSicult for an 
American to conceive an idea of the true state of the working 
class, upon whose passions these men continually operate. Per- 
haps thirty cents a day, or a little more, may be the average price 
of labor throughout France, and out of this the workman must 
clothe and feed himself And then come the seasons of interrup- 
tion, when work is almost discontinued, and when the starving 
mechanics are thrown upon the community, to seek the support 
of life as they can. With us, every honest, industrious man can 
reasonably expect to provide something in the meridian of life for 
its decline. By emigrating westward he can procure a piece of 
land, and close his days surrounded by his family. But such an 
occurrence in Europe would be little short of a miracle ; and in 
this reasonable expectation of an eventual acquisition of property 
in our country, with the moral stimulus which accompanies it, and 
in this despair of the future which seems almost inseparable from 
the condition of a European laborer, I trace one of the most strik- 
ing distinctions between a new society and an old one, and one of 
our surest guarantees for the perpetuation of our institutions. 

"An illustration, confirmatory of this state of things, is furnished 
by the law of conscription. By this law every young man, after 
the age of twenty years, is liable to serve in the army. He draws 
for his chance of enrollment, and is then called as his number and 
the exigencies of the public service may require. He serves seven 
years, precisely at the time of life when he ought to be forming 
himself for his eventful duties, and laying the foundation of any 
respectability he may hope to acquire. It is precisely the period 



382 LIFE AND TIMES 

which, with us, if lost, would be lost irreparably. The average 
annual demand of conscripts in France, to keep the army at its 
requisite number, is eighty thousand, and this immense amount is 
every year drawn from the class of the population in the very 
spring-time of life, to be returned — such of them, indeed, as have 
the luck, good or bad, as it may be, to return — seven years after, 
without any j^reparation for eventual usefulness. But the most 
remarkable fact, in all this institution, is the pay which these 
forced soldiers receive — a pay which, after making the deductions 
that go to the government for indispensable supplies, amounts to 
one cent a day, twenty-five dollars and a half for seven years' ser- 
vices ! And yet this process of military supply seems firmly 
established and engrafted on the habits of society ; nor have I 
seen, among all the propositions with which the public has been 
excited since my residence here, for the melioration of the existing 
institutions of the country, a single allusion to this greatest of all 
practical oppressions. And I can not account for this apparent 
indifi'erence to a subject which strikes every American with aston- 
ishment, unless it results from the conviction that a bare support 
is all the laboring classes can procure by the most fortunate exer- 
tion, and that it may as well be in the army as elsewhere. One 
circumstance, however, renders this arrangement more accej^table 
than it would otherwise be, and that is its perfect equality. It 
operates upon all with the same severity, and is executed with the 
most rigid impartiality." 

And from another, speaking of the existence of secret societies, 
and their machinery and principles: "Their organization appears 
to have been well adapted to the ulterior designs of the party. 
Candidates were admitted with prescribed ceremonies, tending to 
produce a powerful impression upon their imaginations. They 
were blindfolded, accompanied by a guide, who made the neces- 
sary answers, and took an oath of secrecy and obedience. A 
poniard was j^laced in their hands, as a symbol of the power of 
the society over its members, and they invoked its employment in 
the event of their infidelity. The members were not known by 
their actual names, but each received a oiom de guerre. They 
were required to propagate their principles; to make no confes- 
sions if interrogated by the authorities; to execute, without reply, 
the orders of their chiefs; to furnish themselves with arms and 
ammunition; and carefully to avoid writing upon the subject of 



OF LEWIS CASS. 383 

the association. At the initiation a series of questions and an- 
swers passed between the president and the candidate, which 
discloses the objects of the association, and the means it proposed 
to employ. This political catechism is a mixtm-e of the wildest 
fanaticism and of the most frightful cruelty; and reveals a state 
of feeling, and an aberration of principle — and I might almost 
add, of reason — wholly unknown in our calmer and happier 
country. 

One or two of the questions and answers will serve to give a 
general notion of the new light which is to break in upon the can- 
didate, when the moral blindness that obstructs his mental vision 
shall be removed, as the natural light will strike his organs of 
sight when the bandage which covers them shall fall : 

Question. — Is a political or social revolution necessary? 

Answer. — A social revolution. The social state being gan- 
grened, to arrive at a state of health requires heroic remedies; the 
people will have need during some time of a revolutionary power. 

Question. — Who are now the aristocrats ? 

Ansioer. — They are the men of property, bankers, furnishers, 
monopolists, large proprietors, brokers, in a word (exploiteurs) 
landholders, who fatten at the expense of the people. 

Question. — Those who have rights, without fulfilling duties, like 
the aristocrats of the present day, do they make part of the 
people ? 

Answer. — ^They ought not to make part of the people; they are 
to the social body what the cancer is to the natural body. 

The first condition of the return of the social body to a just 
state, is the entire annihilation of the aristocracy — or in more 
direct, though not in plainer, terms, the death of all who possess 
property. 

A novel republicanism is this ! Eesting upon such a platform, 
the blessings of government would not fall, like the dew of Heaven, 
upon all alike." 

From another memoranda, the following is extracted, " Our 
system of newspaper subscription is very little known in this coun- 
try. With us, subscribers and advertisements support the journals, 
and he must be poor indeed who is not upon the subscription list 
of some newspaper printer. But here there are almost no adver- 
tisements, the price preventing their insertion; for the charge, in- 
cluding the tax, is from thirty to forty cents a line of between 



384 LIFE AND TIMES 

thirty-five and fifty letters. And the general subscription ])rice 
of a newspaper is sixteen dollars, and this newspaper not resem- 
bling one of our formidable sheets, but presenting a latitude and 
longitude indicative of a great change of climate in this dej)art- 
ment of public information. It is in the cafes and reading rooms, 
and places of public resort, that all the journals of the day are to 
be found. These places are frequented by regular subscribers, as 
well as by other persons. They pay two sous — a little less than 
two cents each ; and for this sum the readers can remain in the 
reading rooms as long as they please, and peruse at their leisure 
all the papers of the day. There are places where, in addition to 
this mental enjoyment, more substantial comfort is sold, in the 
guise of a cheap, meager, red wine ; and here the lounger seats 
himself, with his favorite journal and his glass of vin ordinaire^ 
and seems to laugh at the world, while he assuages his carnal and 
mental appetite at the same time. The French are both a frugal 
and a temperate people, and their peculiar system of personal 
comfort is well adapted to these principles of their social life." 

M. Leon Toucher, in his criticisms of M. Guizot's translation of 
the work of Sparks, containing the biography and writings of 
Washington, had taken occasion to ascribe the American Kevolu- 
tiou to the high intellects of the country, and that it was not pop- 
ular with the inferior classes, as he termed them : and General 
Cass remarks, "In his self-complacency, as an author and a French- 
man, it never occurs to him, that what he calls the different prin- 
ciples of those two great revolutions, or, in other words, the state 
of excitement and terrible crimes, which marked the progress of 
the one event, and of firm resolution and continued exertion, des- 
titute of all political fanaticism, which distinguished the other, 
drew their origin from the characters of the respective people 
pushed to those struggles, and not from any peculiar political 
opinions of either of them, regarding the foundation of their 
rights, or the duty of resistance. The Frenchman might have 
considered the prospect of future oppression not worth the imme- 
diate exertion, while upon his ardent temperament a single wound 
may have required the propitiation of the fall of Bastile. But 
most assuredly the Americans did not want a visible signal to 
push them on : and he who should have displayed a bloody shirt 
for that purpose, would have been followed by the contemjDt of the 
spectators, and saluted with stones by every idle boy in the streets. 



OF LEWIS CASS. ■ 385 

It must beiremembered in all attempts to analyze the views of the 
French writers upon our country and government, that there is 
one peculiar fact to be kept in view, of the utmost importance in 
its bearing here, but which has not the slightest point of resem- 
blance to anything in the institutions of the United States. In all 
questions of national opinion and of political movement, Paris is 
France. From the first explosion in 1789 to the last emeute in 
May, 1839, not a single popular effort has overturned, or serious- 
ly threatened to overturn, the existing government, which has 
not originated in the capital. And a very slight knowledge of 
the elements of the society which compose its mass of a million 
of inhabitants, is sufficient to explain how this multitude may be 
excited, and how a hloody shirt may perform an important part in 
the revolution of a kingdom. But, God be praised ! we have no 
Paris, with its powerful influence and its inflammable materials. 
He who occupies the lowliest cabin upon the very verge of civil- 
ization, has just as important a part to play in the fate of our 
country, as the denizen of the proudest city in the land. There is 
no tocsin from a tower, nor any rapjyel from a guard-house, which 
can announce to the defenders of our institutions, that they are in 
danger. A drum or a bell whose roll or whose peal could reach 
the hundredth part of those upon whose affections our political 
edifice rests, will never be made by mortal hands. Such a sound 
will be heard but once by the human race." 

And then, casting about to see, if he could, what had produced 
such a false impression and imperfect knowledge, in European 
mind, of the American standard of morals and measures, he at- 
tributes it to the observations of British travelers. He savs, 
" There are a few honorable exceptions in this class of writers, but 
most of them are mere gossips in pantaloons or petticoats, who 
have crossed the Atlantic to read us homilies upon our barbarous 
usages, and who have returned to convince their willing country- 
men that political institutions and social life in tlie new world 
offer nothing consolatory to the observer." And he then proceeds 
to say, " When I first arrived in Europe, I was so forcibly struck 
with the many outlcmdisJi things I saw and heard, tliat I com- 
menced a kind of common-place book, in which I entered the 
most prominent of these aberrations from the true standard of 
civilization, as the code is taught by the English travelers who 

visit the United States. I entitled my collection of curiosities, 
25 



386 LIFE AND TIMES 

' Trollopiana, or things I have seen in Europe, to be apjjcnded to 
the next edition of Trolloj^e, Plall, Hamilton, ed it genus omne? 
The task, however, was not to my taste, and I soon abandoned it. 
But I will give you a specimen of the nature of these collections 
and recollections, to show how easily national recriminations may 
be found for national criminations. My object is to prove the 
palpable iniquiiy of our traducers by showing the bearing of the 
principles they have adopted when applied to their own country, 
a country whose moral standard is high in the estimation of the 
world, and to which we can look with pride as the birth-place of 
our ancestors ; and a country, too, with which we have many as- 
sociations to bind us in lasting friendshijj. Now to my argu- 
menta ad homines. 1 will tell what I have seen, read, and 
heard : 

" I saw the door-keeper of the House of Lords, on the twenty- 
first of June, 1838, in a state of intoxication upon his post, and 
exhibiting a disgusting spectacle to every observ^er. 

" 1 have seen the members of the House of Commons guilty of 
that most ohominahle of all vices^ and heretofore described as a 
peculiarly American one, sitting with their feet raised and resting 
on the benches before them. 

" I saw the passengers on board an English steamboat, from 
London to Antwerp, called the ' City of Hamburgh,' on the first 
of July, 1838, being almost all English, seat themselves at table 
without being called, and take possession of almost all the places, 
there awaiting the dinner ; and I saw three or four Americans 
help some of the ladies to seats, while many others were compelled 
to wait for a second table. 

" I have seen the published report of a trial in which the Pre- 
mier Baron of England, Lord DeBoos, was convicted of cheating 
at cards ; and one of the witijesses, a gentleman of high family, 
avowed that he examined the cards and found them marked, and 
afterwards played with DeBoos and visited him, and that he, (the 
witness,) made card-playing his principal occupation. 

" And another witness, a commander in the navy, acknowl- 
edged that he had gained ten thousand pounds by play, and 
another, an ofiicer in the army, that he had played with DeBoos 
after the -cheating. 

" And another, a baronet, who, though he had seen DeBoos 
cheat four years before, was unwilling to mention it, because 



OF LEWIS CASS. 387 

DeRoos was popular, and a favorite with the club, ' and then he 
was a Peer, too ! ' 

" And another, Lord Bentick, who confessed he played with 
DeRoos after he knew he cheated. 

" And another, George Payne, who played with, and betted 
on him. 

" I have seen that an impostor, calling himself Sir William 
Courtenay, pretended to divine inspiration, and that he selected 
for the theater of his performances, the Arcliiepiscopal See of the 
Primate of all England. And this man, claiming to be the Savior 
of the w^orld, collected around him many disciples, and finally, 
resisting the civil authority, perished, with many of his followers 
and opponents, in the effort to establish his power. And crowds 
of people flocked to see him after his death, and large sums of 
money were given for locks of his hair, and for his clothes, and 
for rags dipped in his blood. 

" I have seen an English marquis, Waterford, engaged in a 
disgraceful contest with Norwegian police ofiicers, and rendering 
himself contemptible, for what we should call blackguard breaches 
of the peace, wherever he went. 

" I have seen an earl, Koscommon, fined for being drunk and 
unable to take care of himself in the street. 

" I have seen a marquis, Huntley, declared a bankrupt. 

" I have seen a member of the House of Commons accuse the 
committee of elections of perjury ; and I have seen a distin- 
guished Review, the Edinburgh, fortify the accusation, by asking 
what would be thought if committees of Congress were stained 
with a hundredth part of the sus23icion3 under which the election 
committees of the House of Commons labor? 

" I have seen the following speech of Mr. Bradshaw, Member 
of Parliament, at a public dinner : ' I hope Sir Robert Peel and 
the Duke of Wellington will purge the court of the filth which 
oiFends the nostrils of all but those whose sense is so vitiated that 
they do not know vice from virtue, or jjurit^- from impurity. 
Innocence is confounded with guilt. Virgin innocence is ban- 
ished from the palace, while vice riots rampant at the royal board.' 

" I have read a paragraph in a speech of a member of the 
House of Commons, which charged the Duke of Wellington and 
Sir Robert Peel with being anxious to place their friends about 
the queen for the purpose of compassing her death. 



388 LIFE AND TIMES 

" I have read — and who has not ? — the history of the aiFair of 
Lady Flora Hastings. If such an event, M'ith its accompanying 
incidents, had happened in the mansion of the President of the 
United States, it would have furnished a mass amply sufficient to 
glut even twenty Trollopes. 

" I have seen the attacks growing out of this affair, contained 
in the English journals, charging and retorting against the great- 
est names of England, not the usual ebullitions of party and 
political rancor, but imputations upon moral character, and alle- 
gations of the violation of the decencies of life, and these distinctly 
sjoecified in the face of the country and the world, in terms which 
I shall not repeat. Among these names were those of the Duke 
of "Wellington, Lord Melbourne, Lord Lyndhurst, the Marquis of 
Hertford, Lord Ellenborough, Lord Palmerston, and others which 
have escaped my recollection, and which I have no disposition to 
seek and record. 

" The Journal des Dehats^ in quite a recent number, that of Jan- 
uary ISth, 1840, which has appeared since the above was written, 
has come out with a full exposition of this extraordinary warfare, 
for the benefit of the continental scandal-mongers, and has added 
to it some remarks not devoid of interest, which I shall here 
insert. 

" After a full account of the publications upon this subject, the 
Journal des Dehats thus proceeds : ' The discussion is continued 
for some time in the same tone. "We have seen the moment when 
the Standard was about to demand a jury of matrons. Truly, we 
begin to believe that the iron window-shutters of Apsley House 
have not been placed there as a protection against the insults of 
the populace, but rather as a sort of discreet leaf, destined to 
mask the statue not over bashful, which the fair daughters of 
Albion have elevated to their Achilles opposite to his house, and 
which they have inhumanly exposed to all the rigors of the 
weather of Hyde Park. Alas! the warrior who is honored by all 
England, after so many campaigns in all parts of the world, after 
so many palms gathered under all suns, after so many crowns 
received upon his white head, could he have expected, at the end 
of a career so well tried, and well filled, to see added to all those 
palms, and to all those laurels, a last crown of orange flowers ? ' 

" I have seen the following beauties of the English periodical 
press : 



OF LEWIS CASS. 389 

" The Times — ' O'Coniiell, an ungrateful hypocrite, has been 
making a rabid howl. ... A miscreant, the worthless, bas- 
tard progeny of the Dublin newspapers.' 

"The Herald — 'The impertinent coxcombry of Lord Melbourne's 
letters.' 

"The Standard— '■The most shabby of all shabby adminis- 
trations.' 

"The Courier — 'Is there any thing to which Lord Melbourne 
will not sink for money ? ' 

" The Globe^ speaking of bare-faced calumnies in the Standard^ 
says : ' The scoundrels who put fortli such insinuations.' 

"The Post^ speaking of Lord Melbourne, says : 'The man who 
could write this letter, deserves to be spit upon by every mother's 
son in the three kingdoms.' 

" The Morning Ohronide — ' To environ royalty with falsehood, 
and to infuse it into her very soul, is the aim of toryism.' 

" The Chronicle — ' The Quarterly comes out with an elaborate 
article to prove the queen is a liar.' 

" The Waterford Chronicle — ' This is the only one of the enor- 
mous lies of our sanctimonious cotemporary. There are not such 
liars in the world as some of these High Church Tory organs.' 

" The Times — ' The lying Premier, and his Home Secretary.' 

"The Tknes — 'The Whigs are irrevocably spavined, glandered, 
broken-winded, and doomed to slaughter.' 

" It is obvious in perusing the extracts I have given from the 
French acte of accusation above referred to," continues General 
Cass, " and which exhibits the creed of the persons engaged in 
efforts to overturn the government, that the object is not confined 
to a change of political institutions, to the substitution of a re- 
public for a monarchy, but that it extends to the fundamental 
basis of society, seeking the destruction of private rights, and of 
all the barriers which defend property and order. Undoubtedly, 
in these crowded regions of the old w-orld, there is much misery, 
and the comforts of life are very unequally distributed. He who 
depends for existence upon public charity, or he who, by constant 
labor and continual privations, barely supports life without be- 
coming a mendicant, may be easily taught to look upon the prin- 
ciples to which he attributes all these evils, as equally unjust in 

their foundation, and oppressive in their operation There 

is no problem in human society fraught with more important 



390 LIFE AND TIMES 

consequences than that which seeks to combine the happiness of 
the greatest number with the necessary princijjles of public order 
and private rights. Visionary men, feeling right, but thinking 
wrong, may declare war against the existing institutions of society, 
and talk about the evils and selfishness of riches, and the justice 
of an equal partition of all the products of industry: and Uto- 
pian politicians may dream of some far-off regions where there 
is neither wealth nor poverty, where each labors for one and for 
all, and where self is lost in an indiscriminate benevolence. But 
such regions must be souo-ht on another globe than this. If the 
curse of labor, the first fruit of disobedience, descended upon 
mankind, it was accompanied by the stimulus of necessity, and 
by the passion of acquisition, "Without this selfish liope^ and 
without the barriers which fence around whatever can minister to 
it, what would become of the nations of the world ? Who would 
labor from the morning of life till its close, with hand or head, 
and toil in any of the innumerable spheres of action, which in 
their ensemble constitute the aggregate of society, if the reward 
he hopes to find in the product of his industry may be wrested 
from him by the first lawless invader who chooses to appropriate 
to himself what he pleases ? And between the unlimited power 
of acquisition and enjoyment, and the indiscriminate abandon- 
ment of all to all, human ingenuity has yet found no practicable 
medium." 

But General Cass, in the memoranda fi'om which we transcribe 
so liberally, in order tliat the reader may see for himself what 
they are, passes from the grave topics, to others of a lighter cha- 
racter, and thus speaks of the personality of the king of the 
French. 

"The king, Louis Phillippe, is now about sixty-six years of age. 
His constitution, however, is vigorous, and there are no marks of 
declining years about him. His frame is large, but there is much 
ease in his movements, and his whole carriage is marked by that 
happy address which good taste, and the polished society where 
he has moved, have enabled him to acquire. His countenance is 
striking and expressive, and displays the possession of great intel- 
lectual power. He belongs to that small class of men, the indi- 
viduals composing which you can not meet in a crowd, or pass in 
the street, without turning round to regard them, and involuntarily 
asking yourself, who they are. All the engravings representing 



OF LEWIS CASS. 391 

him give a likeness more or less just, because liis is one of those 
faces which the painter can not well mistake. He speaks and writes 
English as fluently as any Englishman or American; and I under- 
stand he possesses as familiar a knowledge of most of the modern 
languages. He is very ready in conversation, and displays great 
tact and judgment in his observations. His education was most 
complete and careful, and suj^erintended by the celebrated Ma- 
dame de Genlis. It is said to have been eminently useful and 
practical, and he was thus fortunately the better prepared for those 
adverse circumstances with which his early life was chequered. 
In his domestic relations, he is eminently happy; and as a hus- 
band, brother, and father, he is without reproach. In the execu- 
tion of his public duties, he is said to be prompt and attentive; 
and in illustration of his conscientious application to his functions, 
I will mention an anecdote, upon the truth of which you can de- 
pend. Mr. Stevenson, our Minister in England, had heard a 
report, coming from a distinguished French statesman, that in all 
questions affecting the life of a man, the king was exceedingly 
scrupulous, and made a point of examining the papers with re- 
markable fidelity. Some extraordinary occurrence called this 
gentleman to the palace at a late hour in the night — as late, in- 
deed, I think, as two o'clock — when he found the king in his 
cabinet, examining, with his usual caution, the case of a man con- 
demned to execution. Mr. Stevenson, in the course of conversa- 
tion with the king, alluded to this circumstance, and found the 
statement substantially correct. He afterwards ascertained, and 
from another quarter, that the king keeps a register, in which is 
recorded the name of every person condemned to capital punish- 
ment, together with the decision, and the reasons which led to the 
confirmation of the sentence, or to its remission. In the still hours 
of the night, the king performed the painful task of investigating 
these cases, with the just sentiments of a man upon vi^hom weighs 
the responsibility of the question of the life or death of a fellow- 
creature. And he records, himself, the circumstances which 
influence his decision. It is a noble example, and one which 
ouf>-lit to be followed by all magistrates, monarchical or republican, 
called to fulfill this painful duty. 

" It is difficult for an American to form a correct notion of the 
labor which devolves upon a king of France. "With us, the 
political tendency is to sub-divide power, and to cause it, as much 



392 LIFE AND TIMES 

as possible, to be executed in the various localities which its exer- 
cise concerns. But here a contrary tendency manifests itself : and 
a spirit of centralization pervades the system of government, 
which, while it adds strength to the general administration, 
greatly augments the royal duties. In our country, such a course 
of procedure would be intolerable were it practicable, and im- 
practicable were it tolerable. How far the extent to which it is 
carried in France is ex2:)edient, I do not suffer myself to pronounce. 
Kecollect that the kingdom contains twice as many inhabitants as 
the United States, and that here there is one legislature and one 
chief magistrate to execute the duties which are performed in our 
country by thirty legislatures and thirty chief magistrates, as well 
Federal, as State and Territorial ; and that, besides these duties, 
common to both nations, there is a great variety of others, which 
in France are reserved to the government, while with us they de- 
pend upon municipal or local authorities. And in addition to 
this marked difference of political organization, there is a great 
number of acts whose direction and control are within the sphere 
of public power in this country, which in ours are altogether free, 
and without the domain of legal and administrative regulation. 
It would surprise, and, perhaps, amuse, had I time to give even a 
catalogtio raismmee of these restraints upon what we consider 
national liberty; but as I can not do this, I will take a few extracts 
from royal ordinances signed by the king, which will furnish a 
general notion of the extent of the executive duties in France. 

'-'■ Are autJiorized. — Le Sieur George, to keep in operation his 
flouring mill upon the river Blaise, commune de Sainte Liviere. 

" Le Sieur Mathelin, to convert into a flouring mill his plaster- 
mill upon the rivulet de Taulay. 

" Le Sieur Boisset, to add to the forge du Maillet he owns upon 
the river de Loire, &c., a furnace to melt iron ore, a board washing 
place for the preparation of the mineral, and a pounding mill for 
the dross. 

" Les Sieurs Pillion, Destombs, and their associates, to transfer 
to the commune of Mauberge the iron manufactory they were au- 
thorized, by the ordinance of December 12th, 1837, to establish in 
the commune of Saint Riney— Mai. Bati. This last ordinance is 
repealed. 

" Les Sieurs Dupont and Dreyfus, to construct a second furnace 
near that which they possess in the commune of xipremont." 



OF LEWIS CASS. 393 

General Cass glances at court ceremonials, and contrasts Eng- 
land and France : and states that the Court of Louis Phillippe 
is far superior to that of George the Third in moral worth and 
dignity. In the internal economy of the former, menial offices 
are executed by servants, and the dignity of the recipient is not 
permitted to change the character of the service, and to exalt the 
station of him who renders it. He agrees with Mr. Burke, who 
said, " that it is not proper that great noblemen should be keepers 
of dogs, though they were the king's dogs." " But so does not 
think Lord Kinnaird," continues the General, "for a London paper 
of the previous week said that Lord Kinnaird, the new master 
of her Majesty's buck-hounds, had just taken for four months Col- 
onel Cavendish's mansion at St. Leonard's, within about ten miles 
of Windsor, for the purpose of being within the immediate neigh- 
borhood of the place of his official duties. His ojfieial duties in- 
deed ! A peer of England, a hereditary judge of the court of the 
last resort, a keeper of the queen^s dogs! " 

" But," he adds, " a most instructive as well as amusing chapter 
might be written upon the history of these court ceremonials, 
existing and extinct, which have heretofore controlled, in a greater 
or less degree, the destinies of nations. I have been told, that, 
when Marie Antoinette entered the French Court, she manifested 
a mixed feeling of dislike and contempt for the rigid etiquette 
which prevailed there ; and sought, in the gayety of her heart, to 
withdraw herself from its observance. I can well appreciate her 
feelings in desiring to walk abroad into nature^ out of the artificial 
atmosphere in which she lived. But I must confess, that I sur- 
veyed with surprise one place associated by tradition with her 
name, and which assuredly I should have thought presented the 
last scene a young, beautiful, and accomplished woman would de- 
sire to visit. This was a stone bench in the catacombs under the 
city of Paris, which our guide told us had been constructed for the 
temporary repose of the queen and tlie gay and gallant Count 
d'Artois, when I was examining that impressive repository of the 
mortal remains of many generations which have died in this 
great city. 

" In the absurdity of these observances, trutJi is stronger than 
fiction. When Marie Antoinette arrived on the frontiers of 
France to espouse the Dauphin, she was divested of all her clothes, 
in a tent pitched for that purpose, and then habited in a French 



394 LIFE AND TIMES 

suit. Even Napoleon was led away by bis pencbant for these tri- 
fles to re-establisb tbcir observance at bis court ; and it is well 
known that at tbe coronation of tbe Empress there was quite a 
family scene, because be insisted that her train should be borne 
by bis crowned sisters. 

" Under the ancient Teghne^ tbe right to have botb folding-doors 
thrown open, or to sit upon a tabouret^ which is a cushioned stool, 
was one of tbe greatest honors a subject could aspire to, and ex- 
cited more sensation than many a political event affecting tbe 
prosperity of the kingdom. On jjarticular days the king dined in 
public, when the principal personages of tbe court and the king- 
dom were seen standing at his chair, holding plates and towels un- 
der their arms and in their bands. 

" Lord Talbot failed in bis efforts at reform at tbe Englisb 
court, ' because the turnspit in the king's kitchen was a member 
of Parliament.' I do not know if the importance of this office 
has diminished since that day, but as I find, that even in the Red 
Book for 1840 the Chief Gook^ the First Master Cook^ the Second 
Master Cook^ and the Third Master Cooh^ are all designated ' Es- 
quires,' I may presume it is yet considered sufficiently honorable 
for a member of Parliament to turn the king's spit. In Scotland, 
Sir W. Anstruther, a baronet, is hereditary carver, having the 
right, standing at tbe side-table, to cut up tbe meats ; and Sir 
James Carnegie is hereditary cup-bearer, to wait upon the king 
when be desires to drink. I find one a2:)pointment in the Red 
Book which I trust, during the reign of a queen, and for the sake 
of conjugal happiness, will be a sinecure, that of 'leather breeches 
maker ' to her Majesty." 

And now we will transcribe what the General says of the fam- 
ily life of the French Monarch, Louis Phillippe. 

" On ordinary occasions the Erench royal family assemble after 
dinner in an evening saloon, where the queen and princesses are 
seated, with the ladies of the court, around a table, generally en- 
gaged in needle-work, requiring little attention, and which when 
finished, is sent to be sold at some fair, opened for tbe purpose of 
raising money for charitable objects. The diplomatic corps, and 
persons entitled by their position to the entree^ as it is called — that 
is, who are expected to pay their respects to the royal family in 
tbe evening — present themselves occasionally, and the ladies are 
invited to take seats round tbe table, where the queen and her 



OF LEWIS CASS. 



395 



sister, Madame Adelaide, and the Duchess of Orleans, when pres- 
ent, receive them with great kindness and affability. 

"The gentlemen, after saluting the queen and her circle, are gen- 
erally addressed by the king and by the Duke of Orleans, npon 
such topics of conversation as may naturally arise from the cir- 
cumstances. There is in these family receptions, if I may so call 
them, a manifest desire on the part of the distinguished hosts to 
make the position of the persons, whether natives or foreigners, 
who present themselves there, as free from restraint as is compat- 
ible, perhaps, with the social distinctions necessarily incident to 
a monarchical government. Certainly there is no other court in 
Europe where an access like this is permitted, and where the in- 
terior of royal life is thus thrown open to public gaze. But the 
dynasty of July has noth ing to fear from the most rigid examina- 
tion of the social and domestic conduct of its members. 

" In the winter there are great balls at the Tuilleries, at one or 
more of which each American who has been presented at court 
is invited. By usage, the proper officer writes to the Minister, 
asking for the names of all his countrymen who are in Pari?, and 
who have in previous years been received by the king ; and to the 
list thus furnished the names of all those recently presented are 
added, and an invitation is sent to each. As to the balls them- 
selves, I must decline the office of chronicler. I have neither taste 
nor time for the task. There is all the splendor which power and 
wealth can command. There are immense apartments, gorgeous- 
ly furnished and brilliantly illuminated — guards on duty, and 
servants in rich liveries — a numerous company, from all quarters 
of the globe, many in their national costumes, and each habited 
for the occasion ; and there are besides these all the proper acces- 
sories of music and refreshments, including a magnificent supper, 
which may be expected from the highest rank and the most 
refined taste. 

" In the summer the king and his family leave Paris, and reside 
at INieuilly and St. Cloud, and occasionally at Fontainbleau, and 
some of the other royal seats. A day at Fontainbleau will give 
a general description of the mode of life at these residences. Each 
guest is provided with proper apartments ; and soon after he 
rises he is ofiered a cup of coffee, as is usual in France ; and he 
then strolls out to look at the grounds, or to amuse himself as his 
inclination or caprice may dictate. About eleven o'clock, he is 



396 LIFE AND TIMES 

summoned to breakfast, or, as it is termed, a dejeuner a la four- 
cTiette. lie repairs to the saloon of reception, where he pays his 
respects to the royal family, and where he meets all the other 
guests, who participate with him in the general hospitality. From 
here the com23any go to the breakfast room, a magnificent hall, 
where a splendid table is spread with perhaps a hundred covers. 
The breakfast — resembling, in fact, a dinner rather than our morn- 
ing meal — is served on elegant dishes, and ^^I'esents the greatest 
variety of the choicest fruits. At this time, an intimation is given 
to the guests respecting the amusements of the day, which consist 
in hunting in the beautiful forest, visiting the circumjacent coun- 
try, looking at the military maneuvers, or recreations of a similar 
kind. The means of riding are placed at the disposition of each 
person, either in carriages or on horseback, and he joins the party, 
and the day j)asses cheerfully away. At six o'clock in the even- 
ing there is again a general reunion in the saloons of reception, 
and from these the company move to the dinner table, which is 
all that the epicure or the man of the most refined taste could 
wish. Among other amusements of the evening is that of walk- 
ing through the splendid apartments, one of which, by the by, 
contains the table at which the renunciation of Napoleon was 
written, together with the pen and inkstand M'hicli he made use 
of on that memorable occasion, and the original autograph instru- 
ment he wrote. The room is historical, and it is to be hoped that 
no vandal will arise to destroy these interesting memorials. There 
is no danger of this during the life of the present king or that of 
his son. The rest of the evening is spent in music and conversa- 
tion, and a cheerful day is brought to a cheerful close. I am told, 
that no one has ever passed a day at this hospitable seat without 
being most favorably impressed with the kind attention of which 
he has been the object. 

" But I quit these descriptions of royal life. Perhaps what I 
have said may be thought inappropriate, and in unfortunate juxta- 
position with more important matter. But it should be recol- 
lected, that the courtesies of society enter deeply into public opin- 
ion, and that he who travels abroad and shuts his eyes upon the 
various modes of life, high or low, he may encounter, under the 
impression that these are too insignificant for his wisdom or grav- 
ity, may return with a self-satisfied conviction of his own acqui- 
sitions, but he will assuredly bring back with him little of that 



OF LEWIS CASS. 397 

practical knowledge without whicli his gravity, instead of being 
a proof of his wisdom, is but a cloak for his imbecility. And an 
American, while he is proud of the institutions of his country, 
and grateful for the rational equality which prevails there, may 
yet seek to explain the usages of other societies, and describe 
them for the gratification of his countrymen, without incurring 
the suspicion that he is dazzled by European lustre, or that he can 
not return to his country with feelings and afiections as warm as 
when he left it." 

There, we have given the pith of General Cass' observations 
on Louis Phillippe and his government. The residue of what 
was contained in the book that was published, relates to and in 
fact consists of a narrative, told in a familiar way, of the tour of 
the kins: and his two brothers in the United States — a tour em- 
bracino; some four thousand miles of travel, and two thousand 
seven hundred of which was done on the same horses. These ob- 
servations were just, and surely honorable to the feelings of a 
man who was treated by the king of France with the greatest 
esteem and friendship. The governmental policy pursued by 
Louis Phillippe towards the close of his reign, however different 
from that with which he commenced it, can not take from him the 
great qualities with which he was endowed, nor can it be set down 
a foible in those who praised him when he acted as he ought to 
do. In respect to the personality of Louis Phillippe, General Cass 
but repeated what had appeared, time and again before, in all the 
liberal papers in Europe. And there is no one, even now, that is 
acquainted with the state of Europe and of the masses — their 
wishes and condition — at the time Louis Phillippe ascended the 
throne, but is well satisfied, that, for a long time, he was the surest 
bulwark ao;ainst the machinations of the enemies of freedom in 
Europe. 

The old Bourbon dynasty was dethroned, and a new race of 
monarchs had mounted to power with more liberal views of go- 
vernment, and apparently greater sympathy with the living 
interests of the mass of the people. Such General Cass found 
when in France. Contrasted with the leading powers of Europe, 
the government of Louis Phillippe was a long stride ahead in 
melioration of the condition of society, and of respect to the 
wishes of Frenchmen, insomuch that it was looked upon with 
distrust by all the cabinets who believed in the divine right of 



398 LIFE AND TIMES 

kings. The occupant of the Tuilleries, unlike other monarchs, 
had in his earlier days strayed among all classes; and that was 
not all, he had breathed the air of liberty on the mountains and 
plains of free America. He had seen life as it is, and better knew 
how to appreciate the wants of mankind. He was indebted to 
no particular caste or interest for the power he possessed. All, 
by common consent, from sea to sea, and from the Channel to the 
Rhine, apparently, at least, acquiesced, and with loud huzzas pro- 
claimed him as their sovereign. The distinguished recipient of 
this lofty power evidenced a desire to rule for the good of France. 
So his reign commenced, and ausj)icious was it pronounced to be, 
by the liberalists all over the continent of Euroj)e. If this bright 
morning of hope was succeeded by a dismal night, and the king 
— so hapjiily installed with the reins of government — was driven 
from his sacked palace, to wander over the world as an outcast 
again, the philosopher of history must pause ere he renders his 
judgment, and examine with care the stratum upon which is rear- 
ed this miglity fabric of dominion. If the First Napoleon, to say 
nothing of the Third, believed it for the good of his beloved 
France to encircle his brow with the imperial diadem, it surely 
should not be taken amiss for Louis Phillippe to wear the crown. 
If the plebeian of Corsica could habit himself in the imj^erial 
robes with complacency, no wonder is it that an exiled scion of 
royalty should deem the institutions of monarchy compatible 
with the prosperity and glory of his country. 



OF LEWIS CASS. 399 



CHAPTER XXY. 

Ambition of England— Quintuple Treaty— The Chamber of Deputies— General Cass determines to 
resist the Treaty. 

Simultaneously with the publication of the memoranda referred / 
to in the foregoing chapter, England was aspiring to the supre- 
macy of the seas. Under the shallow pretext of putting an end 
to the African slave trade, she was endeavoring to interpolate into 
the code of international law, the right to visit the commercial 
marine of the Atlantic, and overhaul the ships' papers. "With the 
law and the fact in the hands of her cruisers, — without jury or 
writ of habeas corpus, — she, then, would seize upon the crew 
who had first seen the light in her dominions, upon the principle, 
once a subject, always a suhject. Her persevering eftbrts to estab- 
lish this doctrine of search, had been continued, unremittingly on 
all suitable occasions, for thirty years: and as long successfully re- 
sisted by the United States. But she was now exerting all the 
arts of diplomatic cunning, to blind the eyes of those whose co- 
operation she sought, and was on the eve of uniting the five great 
powers of Europe in a treaty, recognizing this right. 

Austria, Russia, Prussia and France, were, with herself, to be 
the high contracting parties. The governments of the three for- 
mer had already ratified the transaction, and the approval of the 
French Chamber of Deputies was all that was wanting to con- 
summate it. Her representative at Paris was urging on the bar- 
gain to its completement, with his native craftiness and diligence. 
Her agents, fearing the personal influence of the American Min- 
ister at the French court, endeavored to sap it by soiling the 
patriotism of the man, and depreciating the attitude of his go- 
vernment before the world. 

England, in this aspiration to be the acknowledged mistress of 
the ocean, had so far influenced the governments alluded to, as to 
induce them to sign the treaty she had so artfully prepared. 
Its ratification by France, and its execution, would undoubtedly 
have brought on another war between her and this country. It 



4:00 LIFE AND TIMES 

would have been a wanton, destructive war. It would have reach- 
ed tlie extremities of the globe. It would have paralyzed com- 
merce, and depressed trade. Under the banner of no slave trade^ 
the British navy would have roved the highway of nations, and 
under the banner of no search^ it would have been met by the 
Americans. But, probably, despite every effort, the government 
of the United States would have been placed in a false position. 
England, backed by her powerful allies, would have made it ap- 
pear that the United States was fighting to sustain a traffic 
in human flesh, which she and they were endeavoring to destroy. 
An immense treasure would have been expended, and thousands 
of lives sacrificed, to gain the mastery of the seas. 

It was the winter of 1843, and the subject of the ratification of 
this monster treaty was to engage the attention of the French 
Chamber of Deputies. The British Minister was hand and glove 
with the leading members, and the British agents lent themselves 
to all the seductive appliances of the most refined diplomacy. 
It was already rumored in the French capital even, that the Sec- 
retary of State at Washington, Daniel Webster, belonged to a 
different class of statesmen from those who guided the high coun- 
cils of the American Eepublic in the days of Jefferson and Mad- 
ison, and that no fear need be entertained that the ratification 
would involve the powers in hostilities with this country. And 
to add poignancy to this reckless statement of the British em- 
ployees, the hint was thrown out that with the change of the pres- 
idency followed a change of the diplomatic corps in all quarters of 
the world. 

General Cass never felt the responsibility of official station 
more than at this crisis of his mission. Not certain how far he 
might venture to rely upon being sustained by his government at 
home, in the course which he felt it his duty to adopt in the 
emergency of the hour, he nevertheless at once resolved to act 
affirmatively. He had not time to write to Washington for 
instructions. Before a special bearer of dispatches could go and 
return, the legislative action so much desired by England, would 
have transpired, and appearances indicated that it would be favor- 
able to that power. He deemed it necessary and proper to act 
on his own responsibility, and prevent, if possible, the consum- 
mation of her wishes. 

Believing that if public sentiment could be reached, an effective 



OF LEWIS CASS. ^ 401 

impression miglit be made upon the deputies, lie, hap23ilj for his / 
country, took an appeal direct to the people of France. Tliis, in 
that land, and from such a source, was novel, and elicited the 
most vulgar epithets from the press of England. It was unan- 
swerable ; if not so, at any rate no attempt at an answer was 
made. It startled the minds of the intelligent. It tore oiF the 
mask, and displayed in full form the real object of the treaty. 
Citizens and legislators, hitherto favorable, stojjped to read the 
appeal, and rose from its perusal indignant at the designs of the ^.. 
British cabinet. It produced the desired effect on j)ublic senti- 
ment. With the publication of this document, he' protested to ^ 
the government, in firm and respectful language, against the rati- 
fication by the Chamber. Without this ratification, the treaty 
was shorn of its vigor and power. Because if France and tlie 
United States oj^posed, its provisions could not be enforced, 
although the other four powers should countenance it. The 
appeal and the protest were efiectual, and the French govern- 
ment abandoned the project, having ascertained that the treaty 
would not be ratified by the Chamber of Deputies. This»,mas- 
terly movement of General Cass thwarted the design of the Brit- 
ish government, by breaking up the conspiracy she was so care- 
fully forming against the sovereignty of the United States upon 
the high seas. At the same time he preserved untarnished the 
honor uf his country, and by his own action ensured the continu- 
ance of peaceful relations, not only with the government, but also 
with our old friend and ally. 

The proceedings of our Minister on tliis occasion, and his appeal 
and argument upon a cj^uestion of great import to the world, 
should receive the study and examination of every citizen of the 
United States. His examination of the right of search is compre- 
hensive and instructive, and is, in fact, the only authoritative 
exposition of the American view of a subject which British states- 
men have so often endeavored to complicate. The reasons given 
for the position of the United States uj^on the doctrine of search, 
or visitation simply, are so clearly and forcibly presented, that 
one would suppose it must have carried conviction to all minds 
not closed against the light of reason and the power of truth. 
And yet it is probable that the result of the deliberations of the 
Deputies might have been of a different complexion, had the 

American Minister been without influence at the court of Louis 
26 



402 LIFE AND TIMES 

Phillippe. The truth is, the king himself, in consequence of his 
previous action, was anxious for the ratification of the treaty. 
General Cass had penetrated the diplomacy of the British gov- 
ernment, and had several private interviews with the king and 
M. Guizot, the Minister of Foreign Affairs. Before the publica- 
tion of his pamphlet, he called upon M. Guizot, and expressed a 
wish, as the subject was important to his country, and not well 
understood, to prepare his views of it, and to spread them before 
the French public. M. Guizot said that he saw no objection to 
this course, and therefore General Cass can not be accused of 
taking an improper or an undiplomatic course. Indeed, he 
exerted himself to the utmost to break up the unholy alliance, 
and to his own great gratification personally, and to the honor of 
his country, and the uninterrupted prosperity of his fellow-citizens 
at home, he was signally triumphant. 

Believing that this important labor constitutes one of the great 
epochs of his life, we transcribe the appeal to the French people 
entire in the succeeding chapter. 



OF LEWIS CASS. 403 



CHAPTER XXYI. 

Tke Appeal of General Cass to the People of France. 

PART I. — The Question Stated — The Motives of the British Gov- 
ernment — The Position of the United States. 

The right of maritime search, now in discussion between the British and Ameri- 
can governments, is a grave question, practically interesting to all nations to whom 
the freedom of the seas is dear, if not in its application to the subject which has 
been the cause or the pretext of its assertion, at any rate, from the consequences to 
which its use or abuse may lead. Its connection with the African slave trade is 
but incidental, and the nature of this traffic, which nowhere finds advocates, can 
not affect the nature of the question, nor the right of a state, nor of a combination 
of states, to make an interpolation into the law of nations, which shall become a 
part of that great public code. Great Britain professes to push this point, in order 
to destroy the yet existing relics of that trade. We do not question her motives — 
that is no part of our purpose. But, in all general discussions, we must take human 
nature as it is, with the good and the bad blended together ; and we may, without 
offense, fairly follow out the application of a principle, and seek its consequences to 
the parties. And we are at liberty, without violating any of the courtesies of a 
liberal controversy, to assume that neither can be indifferent to its bearing upon 
their interest, whatever motive of general benevolence may have led to the differ- 
ence. ■ Great Britain is eminently a maritime and commercial nation, and the history 
of her naval progress, during the last century and a half, is pregnant with lessons 
for all people interested in the freedom of the seas. She has marched steadily on 
to her object. Naval superiority she has acquired, and naval supremacy she seeks. 
We say this in a spirit of truth, not of offense. Human ambition is everywhere, in 
some form or other, in ceaseless action; and, upon sea and land, the history of the 
past is but the warning of the future, and nations will strive, as they have striven, 
for power. It is impossible that the intelligent government and people of Great 
Britain should shut their eyes to the effect of this claim of a right of search upon 
their interests, whatever motives of philanthropy may have led to its first suggestion. 
To their flag it will give the virtual supremacy of the seas. We say virtual suprem- 
acy, because it would be found, in practice, that, ninety-nine times out of a hundred, 
it would be her cruisers which would search the vessels of other nations. 

During twenty-five years, the British government has urged the government of 
the United States to consent to this measure. The application has been steadily 
repelled and pertinaciously repeated. In the meantime, treaties have been formed, 
at various intervals, between Great Britain and some other nations, establishing a 
mutual right of search, and regulating the principles upon which it shall be exer- 
cised. Within a short time, five of the European powers, two of which have few 



404 LIFE AND TIMES 

vessels upon the ocean, and, probably, not one on the coast of Africa, had recipro- 
cally made themselves parties to a similar convention. " Great Britain," says the 
London journal, the Times, "has managed, by great exertion, to accomplish this 
object." We do not judge, if the expression is rightly chosen. It is certainly very 
significant. And now this principle of the right of search, in a time of profound 
peace, heretofore never claimed as a question of right, and so solemnly decided by 
the English Admiralty Judge, Lord Stowcll, but sought, as a conventional arrange- 
ment, for the first time since the last general war in Europe, and established by 
treaties with several powers, as a matter to be regulated by themselves, is claimed 
by Great Britain to be a part of the law of nations, which she has both the right 
and the will to carry into effect, as a sort of custos morum for all the maritime powers 
of the world. " All our government contends for," says the Times, " is the mere 
right to act as constables in boarding suspicious ships, bearing the American flag." 
And who made England the great prefect of police of the ocean, searching and 
seizing at j)leasure ? And the United States, who have so long been asked to yield 
this point by convention, are now told that it is establishj?d without them and in 
spite of them ; and tlie great ministerial English journal, the Times, in a leading 
article of its number of January 5th, 1842, after defending this interpolation into the 
law of nations, says that the European powers, parties to the last treaty, will not 
brook to be thwarted by any ordinary restiveness. It thus significantly concludes : 
" A single war with Great Britain she (the United States) has already tried ; a war, 
on her part, with all Europe, will be a novelty." 

There is certainly no want of frankness here. While the special Ambassador, 
Lord Ashburton, goes out with the professed objects of peace and conciliation, we 
are told in effect by this leading journal, that the United States have but one 
course to adoi)t, in order to avoid a war with the European world ; and that is, sub- 
mission to the demand of England. There are powers, parties to the late treaty 
upon this subject, which we shall not believe will make themselves parties to a war 
with the United States, until we actually hear the sound of their guns. Does the 
Times speak by permission, or by command, or by neither? Is this declaration 
a prophecy, as well as threat? 

As to the suppression of the slave trade, it is a question which meets no opposi- 
tion in the United States. The American government, if not the first, was among 
the first to give the example to the world of a legal prohibition of this traffic. As 
early as March 22d, 1794, they commenced their legislative measures for its repres- 
sion, and in subsequent laws, passed 10th May, 1800, 28th February, 1803, 2d March, 
ISO*?, 20th April, 1818, and 3d March, 1819, they extended and enforced the provis- 
ions and penalties upon this subject, and rendered liable to heavy fines, and among 
other punishments, to an imprisonment of seven years, those who should be en- 
gaged in this nefarious pursuit. Their armed crusiers have permanent instructions 
to examine all the American merchant vessels they meet, and which they have rea- 
son to suspect; and their tribnnals enforce these repressive laws Avith as much 
promi)titude and impartiality as those of France or England enforce similar laws. 
That violations may occasionally occur, and that the American flag may be some- 
times abused, we feel no disposition to deny, — not by the introduction of slaves into 
the United States, for that traflic is unknown, and would be impossible. We may 
venture to assert, that not a slave has been imported into the United States for 
thirty years. Wc would not be guilty of deception upon this subject, and if there 
is a single exception to this statement, we have never learned it. If American 



OF LEWIS CASS. 



405 



interests are connected with this traffic, it is in the transportation of slaves to Brazil 
or the Spanish colonies. But even this is much rarer than is supposed ; and what 
has given occasion to the imputation of its frequent occurrence, is the fact, that the 
sharp Baltimore schooners, well known for their speed, are often sold to the Span- 
ish and Portuguese merchants, and are then fitted out for the slave trade. Every 
practical sailor knows them at once ; and as they are American built, they are sup- 
posed to be American property, when in truth their national character is changed. 
But any candid, intelligent man will at once see and acknowledge, that in the scan- 
dalous traffic like this of human beings, condemned by the public opinion and by 
the laws of tlie United States, and watched perpetually by one of their squadrons 
upon the coast of Africa, revolting to humanity, afflicting to all Christians, and re- 
probated by the civilized world, tlie pecuniary interests of a few degraded men, Avho 
covertly pursue it, by associating their capital with the regular slave dealers of 
other nations, would not weigh as the small dust of the balance with the American 
government in any consideration connected with this matter. This miserable mo- 
tive has been hinted at, rather than distinctly charged, by some of the English jour- 
nals. We shall not descend to refute the charge. No administration in the United 
States, giving the least just ground for such an imputation, could resist the public 
indignation. No : it is not African slavery the United States wish to encourage ; it 
is, as we shall see by and by, American slavery, the slavery of American sailors, 
they seek to prevent. 

But after all. a crusade of benevolence can not be carried on against any nation, 
because its laws are sometimes violated, and its flag abused. If its government 
connives at such measures, then, indeed, it is justly liable to the reproach of Chris- 
tendom. But against the United States, there is no pretense for such an imputation ; 
and the question, now under discussion, must be judged, independently of these 
accidental evasions, which are common to all nations and to all codes. 



PAPtT II. — The Question Met — English and American Pertinacitt 
— The Reasons why the Former is Wrong and the Latter 
j^iGHT — The Greatest Objection of all — The Right of Search 
Discussed and Refuted — The Key to American Reluctance 
AND British Pertinacity — The Practical Consequences of the 
Right to Visit, or Search, or Both. 

As to a right of search in time of peace, no one pretends it has heretofore existed. 
The well known English Admiralty Judge, Sir William Scott, afterwards Lord Sto- 
well whose disposition to enlarge, rather than to restrain, the maritime pretensions 
of England, no one, who knows the course of his decisions, during the last general 
war, will doubt, expressly decided, that such a right was unknown to the law of 
nations. This decision, in the case of a French vessel seized upon the coast of 
Africa absolutely puts down all this pretension in the most authoritative manner. 

" No nation can exercise a right of visitation and search, upon the common and 
unaxjpropriated parts of the ocean, except upon the belligerent claim. No nation 
has the right to force their way, for the liberation of Africa, by trampling upon the 



406 LIFE AND TIMES 

independence of other States, on the pretense of an eminent good, by means that 
are unlawful, or to press forward to a great principle, by breaking through other 
great principles which stand in their way." 

But it may be asked, as the object for which this measure is now demanded is 
just, why does not the American government assent to the propositions which have 
been made? Is the reciprocal power more injurious or less honorable to the United 
States than to other nations, who have admitted its obligation ? The question is a 
fair one, and ought to be fairly met. If this can not be done, we shall not deny 
that the motives of the United States may be fairly suspected, and their conduct 
arraigned at the bar of Christendom. 

In the first place, we would remark, that there is a natural indisposition in the 
human mind to yield to applications which are accompanied with threats of the 
consequences. This sentiment is common to nations as well as it is to indivi- 
duals, and, in fact, forms part of the dignity of human nature. English pertinacity 
in demanding, has been met by American pertinacity in resisting ; and now, when 
the United States are summoned to give their adhesion to a new principle of public 
law, against which they have uniformly protested since its first promulgation, and 
are told by Lord Aberdeen, that the course of the English government is taken, and 
that the claim will be enforced, with the taunt that " it is for the American govern- 
ment to determine what may be due to a just regard for their national dignity and 
national honor," no generous people can fiiil to find in their present position that 
just resistance to dictation, without which there can neither be self respect at home 
nor honorable estimation abroad. 

But besides, where would end this doctrine of interpolation ? Who can tell the ex- 
tent to which it maybe puslied, or the purposes to which it may be applied? It is by 
progressive steps, that many a pretension, hostile to the best dictates of reason and 
humanity, has urged its Avay to recognition, and taken its place in the code of mari- 
time law. Belligerent powers are always ready to break down the feeble barriers 
with which public opinion ha^ endeavored to protect the rights of peaceful traffic ; 
and in the Times of the eighth instant, this process is described and defended 
with equal frankness and coolness. The lessons of the past are lost upon him, who 
does not read in this avowal, the contemplated transformations which the great 
maritime code is destined to undergo. An act of violence of yesterday, so pro- 
nounced by the Duke of AVellington and Lord Stowell, becomes the doctrine of 
to-day, and to-morrow finds itself firmly established, to be defended by jurists, 
enforced by cannon, and applied by Courts of Admiralty. 

" And the same kind of general proscription, since attempted by Napoleon against 
ourselves, has equally failed to gain admittance into the international code. In all 
this, history, justice and expediency have alternately triumphed, but each step has 
been the result of a struggle (the italics here and elsewhere are our own) such as is 
now pending between ourselves and the United States. Law has had to work its own 
way." Significant words these, and as true as they are significant. When force more 
and more usurps the place of justice, law works its own way, and it goes on 
bearing down before it the doctrine of jurists, the decision of judges, and the rights 
of the world. 

But apart from these general considerations, applicable to all changes in the 
maritime code of nations, there are cogent reasons why the United States should 
refuse their assent to this measure, some of which are common to them and to all 
other states which do not seek to exercise the police of the seas, or, as the Times 



OF LEWIS CASS. 407 

says, "to be the constables of the ocean," and others, which are proper to them onlj-, 
arising out of the peculiar relation which a community of language, manners and 
institutions exerts between them and England. 

Looking to this right of search, as a measure affecting the commerce of the ocean, 
it is arbitrary, vexatious, and not only liable, but necessarily liable, to serious 
abuse. It is arbitrary, because it constitutes a naval oflBcer, whatever may be his rank, 
the judge to decide upon serious questions and upon grave interests. It permits a 
foreigner, under the pretense of settling the national character of a vessel, and the 
objects of her cruise, to indulge his antipathies and his love of gain, by seizing the 
ship and cargo, and imprisoning the crew, and by sending them to a distant port 
for examination ; and all this without any practical redress against the wrong doer. 
It is vexatious, because all who know anything of the course of boarding ships 
and boarding officers, under similar circumstances, know, that the search is pur- 
sued with little regard to justice or foi'bearance. There is power on one side and 
weakness on the other. The American vessels, during the long period of lawless 
domination which the belligerent powers exercised over the high seas for many 
years, at the close of the last century and at the commencement of the present, 
■were too often the victims of a similar search, instigated frequently by cupidity, and 
conducted in the most injurious and offensive manner to leave any doubts respect- 
ing the course which would be taken, should this claim be recognized. In this 
condemnation, we speak now of what is history. We stop not to examine the value 
of the pretensions by which these aggressions were sought to be justified, that the 
antagonist partly had commenced this Avork of violence ; nor the truth of the 
charges, thus respectively preferred. And the vessels of France, of the United 
States, and of the Hanse towns, have already had a foretaste of what will occur, 
when a few years more shall have consecrated the present doctrine, as an acknow- 
ledged principle of international law. The crews will be paraded and examined, 
perhaps by a young midshipman, and this ofiensive operation will be rendered more 
offensive, by that kind of insolence which is everj-Avhere the sure accompaniment 
of unchecked responsibility. This tendency to abuse can not be better described 
than it has been by the London Sun, and as its views upon the question are more 
authoritative than ours, we shall quote them. It says, that arbitrary habits " are 
engendered and maintained in our naval officers by the mode employed to procure 
men for the fleet, and those habits make them treat foreign vessels in an arbitrary 
manner.'' So far as respects the treatment of merchant vessels, this is true 
to the letter. And once establish this right of search, and the scenes of vio- 
lence which chequered the ocean for twenty years, will again be renewed. The 
hatches will be broken open, the cargo overhauled, property dilapidated, and many 
articles will be taken, as they have been taken, without permission and without 
compensation. This has often happened, and is an abuse, inseparable from such 
proceedings, — prohibited and deplored, no doubt, by all honorable officers of a 
boarding ship, but where might makes right, easily effected, and not easily detected 
and punished. The annals of American voyages abound with similar incidents, 
which occurred during those stormy periods. And the complaints were not con- 
fined to the conduct of one of the belligerent powers, the one from the number 
of its cruisers, if from no other cause, was much more injurious to the American 
commerce than the other. 

We speak of all this as an historian, but we speak of it as an historian holding 
np the past as a warning, and predicting that the future will bring with it the 



408 LIFE AND TIMES 

same consequences, if the same causes are put in operation. Tlie journal, the 
Scotsman, is perfectly correct in its appreciation of the American feeling when it 
says, " AYe have little doubt that the arrogant and indefensible right of search, 
claimed by Great Britain in the last war, lies at the bottom of the stubborn hostil- 
ity of the Americans to the reasonable propositions of our government." 

But again, this claim is liable to serious abuse, because there are strong tempta- 
tions, both national and individual, to pervert the professed objects of the search 
into others, Avhich, though not avowed, arc apparent, and because the remedy is 
distant, e.x;})ensivc and doubtful. 

The commerce of Africa is already important, and is becoming more so every day. 
The very suppression of the trade in human beings will tend obviously to turn 
industry and capital into other branches of employment. England is now exploring 
the interior of that great continent, and with her accustomed foresight is pushing 
her intercourse with the native tribes, and preparing new means of communication. 
Who can doubt hut that English cruisers, stationed upon that distant coast, with 
an unlimited right of search, and discretionary authority to take possession of all 
vessels frequenting those seas, will seriously interrupt the trade of other nations, by 
sending in their vessels for trial under very slight pretenses, and in part under no 
real pretense whatever? For we must not lose sight of one of the most important 
elements in all this controversy, which is, that the mere appearance of a merchant- 
ship in those regions is ipso facto suspicious. This is the very ground-work of the 
English pretension ; the right, as her government now contends, to ascertain by 
actual examination, tlic true character of every vessel found in "certain latitudes," 
which are assumed to be suspicious, as the quarantine regulations pre-suppose 
manj- regions to be always pestiferous. Under these circumstances, a boarding offi- 
cer, stimulated by that reward which a successful capture always brings with it, 
and by a determination, which may not be uncharitably charged to him, of favoring 
the trade of his own country, and of discouraging that of another, will readily be- 
lieve, or affect to believe, not that there is just ground to suspect the destination of 
a vessel, that her very appearance upon his cruising ground furnishes, agreeable to 
these new institutes, but that the redeeming circumstances about her are not suffi- 
cient to establish that her cruise is a lawful one, or that she is entitled to the 
national character she claims ; and that she must be sent to a Court of Admiralty, 
to one of those great nuelstroms M'hich swallowed up so many American ships, 
during that period when there was no right upon the ocean but the right of force. 
The vexation and interruj)tion of voyages, the result of this system, are easily under- 
stood. A trade carried on under such unfavorable circumstances, can not contend 
with the trade of a favored nation, who herself exercises the police of the seas, and 
who may be harsh or lenient, as her prejudices or interests may dictate. It must 
])e abandoned, as some of the Paris journals of the eighth instant announce, that 
the French vessel, the "Sophia," has just changed her destination, rather than sub- 
ject herself to the vexatious which another French ship, the "Marabout," had expe- 
rienced from the English cruisers upon the coast of Brazil. As to the indignity to 
wliich this proceeding will expose the officers and crews of merchant-ships, that 
must l)e left to every nation to appreciate for itself. It is not probable that the 
pretension will be rendered less offensive by the mode of its execution. 

But beyond all these objections, applicable in common to every maritime nation, 
there is another, far more powerful in its operation, and which, from the peculiar 
relation of language, manners and institutions that exists between the United States 



OF LEWIS CASS. 4:09 

and Great Britain, renders this measure not only obnoxious, but to tlie last degree 
unacceptable to the American government and people. We would not impute un- 
worthy motives to a great and intelligent people, and Great Britain has done enough 
to command for herself her full share of the admiration of the world. But we must 
take human nature as we find it, and the code of political ethics is a loose system, 
where there is much both of good and evil. Amidst many gradual meliorations in 
the Constitution of England, she has adhered with wonderful tenacity to certain 
pretensions, arising out of feudal notions, and among others, to one by which she 
claims that every person born under her government is forever a British subject, 
and that if he is by condition a seaman, he is liable to be taken wherever he can 
be found, and forcibly compelled to serve an unlimited period on board her vessels 
of war. This is not a conscription which operates equally upon all, subjecting all 
to the same chance, and requiring their services upon established conditions, and 
for fixed periods. However, so far as this is a municipal regulation, other nations 
have no concern with its justice or policy, except as a subject of general speculation. 
But unfortunately for the duration of harmony between the United States and Great 
Britain, this pretension is a subject of fearful importance. The British government 
claims the right of impressing seamen on board the merchant-vessels of the United 
States ; and once, as is well known, they exercised this right on board the Chesa- 
peake frigate, after an action, in profound peace, when the American ship was com- 
pelled to yield to superior force. Tlie conduct of the commander was, however, 
disavowed, but his zeal was rewarded bj' promotion. It is now matter of history, 
that for many years the British armed ships boarded the American vessels, wherever 
they found them upon the ocean, and seized their crews, incorporating them with 
their own, and compelling them to fight the battles of a foreign power ; first against 
France, and ultimately, after the commencement of the war, to which these aggres- 
sions gave rise, to fight against their own country. In theory, indeed, the British 
government did not arrogate to itself the right to impress American citizens, unless 
those citizens had been born British subjects. In that case, the new character with 
which they were invested gave them no protection against this new pretension. 
But in its practical operation, this power was exercised with a general disregard of 
the character of the American crews, the boarding officer being the final judge, and 
the cruiser being almost always in want of able seamen. A midshipman entered 
an American vessel with absolute power, mustered the crew, declared that such 
and such persons were British subjects, seized them and transported them to his 
own ship, to be released by death or by a general peace. 

Vain were the protestations of these unhappy victims of lawless aggression ; vain 
the opposition of the captain ; vain the proofs, furnished by the papers. His Bri- 
tannic Majesty's ships wanted seamen, and seamen they took. During many years, 
a wai-ra diplomatic correspondence was carried on between the two governments, 
but the argument being exhausted, and the abuse continued, an appeal was finally 
made to anus. 

The British govei-nment said, our seamen seek protection in the United States, 
and enter into their marine, and thus escape from the duties they owe to their own 
country. We have a right to their services, and we have also a right to take them, 
wherever we can find them in merchant-ships on the high seas, having fii-st entered 
these ships for another purpose. 

To this the American government answered: we deny the doctrine of perpetual 
allegiance. Our country is open, and if foreigners come here, after a certain 



410 LIFE AND TIMES 

number of years, and compliance with certain established formalities, they may be 
invested with the character of American citizens, and then it is our duty to protect 
them. You adopt the same principle, and follow the same practice ; you naturalize 
by special acts of Parliament ; you naturalize all persons who reside a certain 
number of years in your colonies, and you naturalize all seamen ivho have served a short 
term in your navy. At this moment, the governors of some of your colonics are 
compelling emigrants from the United States to bear arms against us. We have 
just turned to McCulloch's Dictionary of Commerce to ascertain how far the Amer- 
ican government were borne out in their assertion, respecting the naturalization of 
foreign seamen by the British law, and there we find, page 1011, that among other 
means of naturalization, a foreigner who has " served on board his Majesty's ships 
of war, in time of war, for the space of three years, becomes ' a British seaman.' 
But his Majesty may by proclamation during war, declare that foreigners, who have 
served two years in the royal navy during such war, shall be deemed as British 
seamen." 

The act of Congress, respecting the employment of seamen in the American ser- 
vice, provides, that no person shall be employed in the public or private vessels of 
the United States, who is not a native born or naturalized citizen. Another act on 
the subject of natiiralization provides, that " no person can become a citizen of the 
United States, who shall not, for the continual term of five years next preceding his 
admission, have resided within the United States, without being at any time during 
the said five years out of the territory of the United States." In the one country, a 
foreigner can enter into the marine service, without the probation of a moment ; 
and after serving three years, he becomes ipso facto a British seaman. Into the 
marine service of the other no one but a native can enter, till he shall have actually 
lived five years in the country, without departing from it. 

In the whole history of human inconsistencies, few chapters can be found more 
striking than this. 

But the United States were anxious to avoid a war with Great Britain. They 
were willing to concede much to avert this extremity. They exhausted the cata- 
logue of arguments and of ofli'ers. Thus speaks the President of the United States, 
in his message of June 13th, 1812, recommending war: "This practice," that of 
impressment, "is so far from affecting British subjects alone, that under pretense of 
searching for these, thousands of American citizens under the safeguard of public 
law, and of their natural flag, have been torn from their country, and from every 
thing dear to them, have been dragged on board the ships of war of a foreign nation, 
and exposed under the severities of their discipline, to be exiled to the most distant 
and deadly regions, to risk their lives in the battles of their oppressors, and to be 
the melancholy instrument of taking away the lives of their own brethren. 

"Against this crying enormity, which Great Britain would be so prompt to avenge, 
if committed against herself, the United States have in vain exhausted remonstrances 
and expostulations : and that no douljt might be wanting of their conciliatory dis- 
position, and no pretext left for a continuance of the practice, the British govern- 
ment was formally assured of the readiness of the United States to enter into an 
arrangement, such as could not be rejected, if the recovery of British subjects were 
the real and sole object. The communication passed without effect." We return 
to the point maintained by the American government in the correspondence to 
which we have referred. Independently, said they, of these obvious considerations, 



OF LEWIS CASS. 411 

(the same we have already presented,) there is another which covers the whole 
question. Your right, by your own confession, is not an absolute one. It yields to 
our right of sovereignty. You do not claim to come upon our soil, and there to 
seize your sailors. Where do you find the right to seize them in our ships, covered 
by our flag, which is as exclusive of your jurisdiction, except in certain prescribed 
cases in time of war, as the territory of the United States? If you suffer your 
citizens to escape, and to come under our sovereignty, your claim to their services 
must j-ield to our superior claim to national immunity. Like many other rights or 
pretensions in society, if this can not be exercised, without violating the privileges 
of another party, it must be abandoned. 

The British jurists of that day, who administered, and often made the maritime 
law, were endowed with sufficient subtlety to discover new principles to suit new 
circumstances, and her statesmen had sufficient firmness to adopt and maintain 
them. But we doubt, if in the whole progress of that warfare, between orders in coun- 
cil and imperial decrees, which so long vexed neutral commerce and outraged the 
common sense of mankind, a bolder invasion was made into the regions of maritime 
metaphysics, than in the promulgation of that doctrine which was to reconcile the 
exercise of this right of impressment, with those principles of public law, that had 
been too long and too clearly established to be directly controverted. Who was 
the discoverer of this, till then, terra incognito^ we knew not, but its revelation was 
announced by great authority and from a high place. It is to be found in a declara- 
tion of the Prince Regent of Great Britain, dated July 9th, 1813, made in answer to 
the manifesto of the American government, recapitulating the causes which had driven 
the United States to war ; and it is there gravely maintained, that " His Royal High- 
ness can never admit that in the exercise of the undoubted and hitherto undisputed 
right of searching neutral merchant vessels in time of war, (alluding to the ordinary 
rights of search, recognized by the law of nations,) the impressment of British 
seamen, when found therein, can be deemed any violation of a neutral flag. Neither 
can he, the Prince Regent, admit that the taking such seamen from on board such 
vessels can be considered by any neutral state as a hostile measure, or a justifiable 
cause of war." 

And thus speaks the executive of England. The right to enter an American ship, 
for the purpose of impressment, is clearly disclaimed; but, having entered for a lawful 
purpose, then the boarding officer has the right to take any British subjects he may 
find ; that is to say, to seize every American sailor, and place him upon the deck 
of a British cruiser. We shall not go back to the history of the monstrous abuses to 
which this pretension gave birth, and which drove the United States to war. They 
would have become a by-word among nations had they tamely submitted to see 
their seamen dragged into this worst of slavery. But it is well, with regard to the 
future, to investigate the claims of the past. A seaman, on board an American ship, 
is protected by his national flag. No British officer can enter, for the purpose of 
tearing him from this natural asylum. But, having entered for one object, he may 
execute another. Certain belligerent rights are given to him, and he may board all 
vessels upon the great highway of nations, in order to enforce them. And having 
done, or aff"ected to do this, he may then turn around and pervert his right of entry 
to a totally diff'erent object. He may violate the sovereignty of the neutral power 
by giving effect, not to the code of international law, but to the mere municipal 
regulations of his own country, and under the most arbitrary and offensive circum- 
stances. No; all this is but the sophistry of power, determined to attain its object, 



412 LIFE AND TIMES 

and seeking to justify itself. There is no such right of conversion — no just claim 
to demand one thing and to do another. The whole pretension shocks the common 
sense of the world. 

Argument would be lost in its refutation. The analogy of the English law would 
lead the British government to a far different conclusion. In England, if a person 
has a right of entry for one purpose, and perverts it to another, he renders himself 
a trespasser ah initio. He finds no convertible justification, by which his real object 
may be obtained, while he covers himself with a professed one. 

According to this right of conversion, when the British forces entered the State 
of New York to Ijurn the "Caroline," having got within the American territory, for 
what they contended to be a lawful purpose, they might have then violated the 
national sovereignty at pleasure, and seized all the persons they found, who had 
been born British subjects, and transported them into Canada. And why not have 
seized their American debtors, if they had any, or done any other act which they 
might lawfully do at home, as they claim to enforce their municipal laws ujjon the 
vessels of the United States. This claim can only be sui>ported upon the ground 
that these laws ride over those of the United States wherever British power plants 
itself, even for the shortest period, and for whateA^er purpose. 

But another hiijli authi>rily, the Timcx, has recently laid down the same doctrine, 
more distinctly indeed, and quite ex cai/iedra, showing how rapidly these maritime 
pretensions gather strength from time and use. We can not, at this moment, refer 
to the number which contains this dictum, but it must have been that of the 6th 
or 7th of January, and will be found in Galiynants Messenger of 10th January, 
extracted from the London Journal. After laying down the right of search for 
enemy's property and articles contraband of war, the Times continues: "It is, also, 
we believe, confessed, that if, in the course of search, we find the goods and persons 
of our enemies, such goods and persons may be made lawful prizes and prisoners ; 
the law, however, being punctilious (!) enough to require, in the former instance, 
that the captors shall pay freight to the neutral carriers, of whose cargo they possess 
themselves. Now, during our M'ars with France, we exercised this uncontested and 
incontestable right against America and all the rest of the world, Avith this not very 
unnatural corollary, (!) that, as we might take the persons of the king's enemies, (a 
right given by the law of nations,) we might take the persons of the king's subjects, 
who had deserted their duty, (meaning thereby all speaking the English language,) 
and were serving in foreign ships," (a right totally unknown to and unrecognized by 
the law of nations). We shall continue our quotations from the Times, because 
nothing we could say would more forcibly describe the intolerable abuses of this 
pretension, and because, from the position and character of that journal, we have 
the best assurance that those abuses are not exaggerated : 

" In the practical enforcement, however, of this right or wrong, for, on that point, 
it is not now necessary to pronounce, the searching party being, from the nature of 
the case, the strongest, and, moreover, ordinarily speaking, persons of suriiman/ habits^ 
were apt to be somewhat arbitrary in their judgments of who was American and 
who was English, ' when they doubted they took the trick,' at least so thought and 
said llie Americans ; and any one may remember that, once taken and lodged in an 
English man-of-war, by right or by wrong, it was not a very easy matter to get out 
of it ; and, accordingly, the Americans had to stay, with just as good a chance of 
being cut off ))y a French cannon ball, before he could get his right again, as any of 
his English fellow sailors." AVe pardon the frivolity of manner with which this 



OF LEWIS CASS. 413 

grave subject is treated, in consideration of the frankness of that journal, in the 
open avowal of a principle which can not fail to excite general reprobation, now the 
unnatural excitement of a long and bitter war has passed away. 

A nation, which should tamely submit to such pretensions, would merit, as surely 
as it would receive, the contumely of the world. 

The Times adds " that this dispute (of impressment) now sleeps, though it will 
have to be revived, at latest on the next occasion when we find ourselves invested 
by a war with the right of which it is the consequence ; and indeed it might be 
raised upon the contemplated treaty, giving a mutual right of search for the preven- 
tion of the slave trade, unless provided for, as it easily might and probably would 
be, by special articles." 

But here is the true key to much of the reluctance of the American government 
to become a party to any arrangement, which shall add to the category of the right 
of search ; whether it is likewise the key to the pertinacity with which the British 
government presses this matter, we do not presume to judge. Until now the right 
of search has been a belligerent right, belonging only to a state of war. . . . 
Here is the first formal claim to exercise it in time of peace. Impressment is a mu- 
nicipal right, depending, say the English jurists, upon the mutual relation of 
allegiance and protection, and the duties which these reciprocally create. Ordina- 
rily it is exercised in time of war only, but the government might authorize 
its exercise at all times, as the conscription is operative as well in peace as in war. 
And surely many cases may occur, where its exercise might be necessary to man 
a fleet, before hostilities were actually declared, but while they were considered im- 
pending. Under such circumstances, this new right of search, bringing a British 
boarding officer legally on board an American ship for a defined object, would 
enable him very conveniently, after satisfying himself she neither souglit nor con- 
tained slaves, to seize her crew and reduce them to worse than African bondage ; 
because to all their other miseries might be added the obligation to fight against the 
flag of their own country. 

The Scotsman is not less frank than the Times; " the object of the one," says the 
former journal, alluding to the right of search as heretofore practised, "' was to 
discover British sailors in American vessels, and practically gave our naval officers 
a power to impress seamen from the ships of another state." 

So, having already maintained, under various vicissitudes, the right to seize 
American sailors in time of war, as a consequence of her belligerent right of search, 
if the present pretension is estabUshed, Great Britain can then seize them in time 
of peace, as a consequence of her pacific right of search, called visitalion, and thus 
the marine of the United States will be an inexhaustible fountain, whence in peace 
and war she can seek her force. 

But it may be said, and indeed the suggestion, as we have seen, is in the Times, 
that it is in the power of the American government to frame a convention, which 
shall exclude this process of impressment, and therefore the fear of its occurrence 
ought not to prevent the adoption of this check to an odious traffic. To this sug- 
gestion the answer is easy. The United States can enter into no stipulation, which 
can be tortured into a recognition of this doctrine of impressment. They can not 
provide for its restriction nor regulation. They can only accept a general declara- 
tion from the British government, that their flag shall protect their seamen, at all 
times and under all circumstances, and there is little reason to hope that the coun- 
sels of justice will so far prevail over those of interest, as to lead to such a measure. 



414 LIFE AND TIMES 

Were it, however, adopted by the British government as the regulation of its 
future conduct, it would be hailed in the United States as the harbinger of a brighter 
day ; as the cause and the precursor of an indefinite peace betMcen two nations 
having so many reasons for union, and so few for separation. 

In such an event, there would be little hazard in predicting, that a satisfactory- 
arrangement might soon be made, by which the fullest co-operation of the United 
States would be obtained towards the suppression of the slave trade. The great 
difficulty being removed, a mutual spirit of conciliation would soon do the rest. 
But till then, the United States can not, in any arrangement giving reciprocally the 
right of search, with a professed view to the extinction of the slave trade, admit a 
stipulation, that the doctrine of constructive entrance should not apply, and that 
their seamen should be safe from seizure. Such a stipulation would soon be con- 
strued into an admission of this claim, under other circumstances, and to this the 
American government and people will never submit. With them it is a question of 
life and death. They went to war to oppose it, thirty years ago, when comparatively 
young and weak. And now, after having advanced in the elements of power 
with a rapidity unknown in human history, they will not be found wanting to their 
duties and honor in the day of trial. An American, at home or in Europe, may 
safely predict that the first man impressed from a ship of his country and detained, 
with an avowal of the right by order of the British government, will be the signal 
of war. A war, too, which will be long, bitter, and accompanied, it may be, with 
many vicissitudes ; for no citizen of the United States can shut his eyes to the 
power of Great Britain, nor to the gallantry of her fleet and armies. But twice the 
republic has come out honorably from a similar contest, and with a just cause she 
would again hope for success. At any rate, she would try. 

In the preceding discussion, we have spoken generally of the right of search, 
without being led aside by any distinction, founded upon the purposes, real or avow- 
ed, of those who exercise it. We have done so, because so far as regards the most 
obnoxious consequences to the United States, the liability of their seamen to impress- 
ment, it is obvious, and so indeed says the Times, that the exercise of this preten- 
sion, though not forming a just cause of entry, yet being its necessary result, it is 
perfectly immaterial, in its practical operation, whether the naval judge, " clothed 
with a little brief authority," but deciding summarily upon human liberty, boards 
the peaceful trader to ascertain her national character, or to inquire into the objects 
of her voyage. But besides this fundamental objection, it is evident, that no vessel 
can be liable to examination without some hindrance ; that in all such cases there 
may be gross abuses, and that in many, these abuses will occur. The boarding 
officer will judge if her papers are regular, or if they are simulated, and if the ac- 
cidents of the voyage and the nature and appearance of the cargo and equipment 
confirm these papers, or render them suspicious. Here is latitude enough for arbi- 
trary vexation, and for interruptions which may drive an otherwise profitable com- 
merce into less troubled channels. And these considerations are abundantly 
powerful to justify the United States in refusing their consent, both to the conven- 
tional arrangement proposed for the right of search to ascertain the objects of the 
voyage, and to the new doctrine, now first promulgated, of a right of search 
to ascertain if the proofs of the vessel's nationality are sufficient to justify her title 
to the flag she bears. 

We can not better describe the little difference in its practical operation, which 
would be found between the right of search to ascertain the true character of a 



OF LEWIS CASS. 



415 



vessel, and the right of search to ascertain the object of her voyage, than we find it 
done to our hands in the London Sun. One may be called a search, and the other 
a visit, but both will be found equally vexatious visitations. The passage of the Sun 
is striking, and we shall quote it : 

"The Americans may very properly object to our right of search, and may still 
have a great inclination to suppress the slave trade ; but, of the two evils, we have 
no doubt but the Americans would prefer the eternal existence of the slave trade to 
allowing their ships to be overhauled by our men-of-war. If they sanction the 
examination, for the mere purpose of ascertaining if a vessel, bearing the American 
flag, is bona fide an American vessel, they sanction a rigid examination of the vessel 
herself. The papers may be simulated. How is that to be proved ? By examining 
the crew; by ascertaining that the cargo of the vessels corresponds to the manifest; 
by tracing her route in the log-book; in short, by subjecting her to a complete 
search. If that be not done, papers will be once produced, to correspond with the 
flag, and merely to prove that they do correspond, will be of no use whatever." The 
Americans are well aware of the insults and injuries they would subject themselves 
to by admitting this claim to visit their ships; and the Morning Cfironide does 
them egregious injustice when it represents their resistance to that claim as grounded 
in unrighteous/less. 

" The correspondence with the British Secretaries of State for Foreign Affairs, just 
published by the American government, comes marvclously in support of the remarks 
of the Sun, though received since those remarks were written. It gives to them 
almost the character of prophecy. The search of five American vessels is complained 
of by the American Minister— the Douglas, the lago, the Hero, the Mary, and the 
Susan ; and, in four of these cases, serious complaints are also made, that the crews 
were treated with indignity, and the cargoes overhauled and injured, and various 
articles taken away. As Lord Palmerston, in his answer to Mr. Stevenson, gives a 
summary of the complaints of that gentleman, in the case of one of these vessels, 
we shall quote the passage, as an illustration of the practical effects of this new 
claim, not having, unfortunately, Mr. Stevenson's letter on the subject within reach. 
And we embrace, with pleasure, this opportunity of tendering our thanks to that 
able American representative, for the spirit, ability, and dignity with which he main- 
tained the rights of his country, during the arduous correspondence he carried on 
with Lord Palmerston and Lord Aberdeen. But to the summary. ' In these two 
communications from Mr. Stevenson,' says Lord Palmerston, 'it is stated that, on 
the 21st of October, 1839, Lieutenant Seagrand boarded the Douglas, while she was 
pursuing her voyage, on the coast of Africa, examined the ship's papers and the 
passengers' passports, broke open the hatches, hauled down the American flag, and 
seized the vessel as a slaver; that he kept possession of her during eight days^ 
namely, from the 21st of October to the 29th of the same month; that the officers 
and men of the Douglas became ill from exposure to the sun, and that, in conse- 
quence, three of them died, and the captain is yet in ill health.' It appears, by 
another letter from Lord Palmerston, that the boarding crew were charged with 
consuming the stores and provisions of the Douglas. 

"And in a third letter from Lord Palmerston, which relates to the Mary, the char- 
acter of the occurrences on board maybe judged by this remark : 'proceedings^ 
which, in Mr. Stevenson's opinion, seem to want nothing to give them the character 
of a most flagrant and daring outrage, and very little, if anything, to sink them into 
an act of open and direct piracy.' 



416 LIFE AND TIMES 

"Lord Palmerston then proceeds to justify or deny all these charges, and then 
they sleep the sleep of death. 

" As to the ill treatment of the crews, and the free use of the provisions and stores 
of the vessels, and, frequently, the subtraction of more valuable articles, (in one of 
these cases money, a chronometer, and a watch are stated to have disappeared,) all 
this is but an old story in the history of vessels boarding and boarded, as we have 
already had occasion to observe. How, indeed, can it be otherwise in the constitu- 
tion of human nature and in the position of the parties? There is no check for the 
present, no responsibility for the future. The most rigorous discipline and the best 
disposition could not prevent abuse where a party of sailors enter the vessel of 
another nation, in fact, as masters, parade the crew, examine the papers, break up 
the hatches, overhaul the cargo, and feel themselves at free quarters, almost in an 
enemy's country. And when tlie disposition of the officers is bad and the discipline 
lax, all these evils are fearfully augmented. In the catalogue of naval wrongs 
endured by the United States during the long period of belligerent oppression to 
which we have referred, the injuries and abuses inflicted by boarding vessels figure 
in the front rank. "What will they be hereafter, when this doctrine of universal 
search, under the guise of an inquiry into the nationality of vessels, becomes conse- 
crated by time and usage, and is exercised as well in peace as in war? 

" But, after all, what is this distinction which Lord Palmerston and Lord Aber- 
deen have discovered, and which is now to give to British officers the right, in a 
time of i)rofound peace, to enter and search American ships? We are distinctly 
told, by both these statesmen, in their correspondence with the American minister, 
that they do not assert this claim of search with a view to ascertain the objects of a 
voyage, and to seize the vessel if found engaged in the slave trade. Both admit, in 
terms, that, her American character being once established, her cargo, whether men 
or merchandise, is beyond the reach of the armed cruiser, and that she must be per- 
mitted to jn-osecute her voyage, however nefarious its objects may be. But both 
equally contend that the flag at the mast-head, or the piece of biiitdiu/, as Lord Pal- 
merston rather contemptuously styles this emblem of sovereignty, furnishes no 
evidence of national character, and shall furnish no protection against the entrance 
of British force ; that they have a right to board all vessels upon the ocean, examine 
their papers, and satisfy their.selves respecting their nationality. Lord Aberdeen, 
indeed, consoles the government of the United States by the assurance that their 
vessels are not entered as their vessels. 'Nor is it as American that such vessels arc 
ever visited.' Poor consolation this. Jf Tom is knocked down in the streets, it is little 
comfort to him to he told, I did not knock yon down as Tom, I knocked you down as Jack. 
The answer to all such pretensions is very simple, and can not have escaped the 
sagacity of the British statesmen, who have resorted to this strange process of justi- 
fication. You commit the act at your own hazard. If j'ou enter a ship or knock 
down a man, believing the ship or man is not vhat appearances indicate, and your 
suspicions being correct, if the law, international in one case, national in the other, 
gives yo>i the right to use this violence, then you may avow the act and justify it. 
But, if you err in these premises, you are responsible for the consequences." 

The municipal law of every country is filled with illustrations of this principle. 
It is common sense applied to the affairs of men in their social relations as members 
of an organized community ; applied to the affairs of nations in their commercial 
intercourse with one another upon the ocean, it is the same common sense, then 
called public law. If a lather or master meet his son or servant, he has a right to 



OF LEWIS CASS. 417 

examine him to ascertain if lie is violating his orders. This we may call the visita- 
tion of persons. The right can not be denied. No^y, the son or servant may disguise 
himself, and assume the appearance and dress of a sou or servant of a neighbor, it 
may be his livery ; but does this possibility of abuse give the superior the right to 
stop in the streets all persons he may choose to suspect, with or without cause, to 
be his son or servant, and not even violating the law of the country, but his own 
domestic law? Certainly not. If he examine forcibly, he does so at his peril. 
Borne out by the result, he is Ijut in the exercise of his right, deceived, he is a 
trespasser, and resiionsible for his conduct. 

We consider it unnecessary to pursue these illustrations further. It would be 
but a work of supererogation. 



PART III. — The Process by -which this Doctrine of Right to Search 
AND Seize is Attempted to be Maintained — The Correspondence 
OF THE British Secretaries of State for Foreign Affairs An- 
alyzed. 

What, then, is the process by which this new principle is attempted to be justified 
and maintained? Lord Palmerston thus lays down the doctrine, which is hence- 
forth to become a part of the great maritime law : The United States Flag, or bunt- 
ing, as his lordship calls it, shall exempt no vessel, [whether American or not,) from search, 
except " when that vessel is provided with papers entitling her to wear that flag, 
and proving her to be United States property, and navigated according to laic." And 
with a view to ascertain if she is entitled to the flag she bears, and if she is sailing 
according to law, a right of entry is claimed for every British cruiser into every 
American vessel, wherever they may meet. And this right of entry is called not a 
search, but a visit. 

Lord Palmerston, it will be remarked, lays down as a part of the principle, that a 
vessel must be sailing according to law, that is, for a purpose not prohibited by 
law, and Lord Aberdeen, who shows more regard for bimting thixn Lord Palmerston, 
concedes that, '-doubtless the flag \i prima facie evidence of the nationality of the 
vessel." A strange designation this, by the by, for a national pavilion, and we 
had almost said, a 2>rofane one, to be applied by an English statesman, the Minister 
of a couutxy Avhose 7netcor flag is associated with so many glorious recollections, and 
apostrophized in so much glorious poetry. And after all, this emblem of sovereignty 
and accompaniment of victory, is but a piece of bunting ! Alas ! for the prestige of 
great names, when reduced to this matter-of-fact standard. 

It will not be denied, that this is the first solemn occasion upon which this pre- 
tension has been put forth to the world. No elementary writer has advanced it, no 
jurist has asserted it, no judge has ruled it. The universal exemption of all vessels 
in time of peace, " from search or visitation," the very words, as we have seen, of 
Lord Stowell, has heretofore been an uncontested and incontestable principle of the 
law of nations, and he added the authority of his decision to the opinions of his 
predecessors, the commentators upon the great code of maritime law. AVhen, there- 
fore, the two British statesmen, who have assumed, or upon whom has fallen the 

27 



418 LIFE AND TIMES 

task of interpolating this new principle into that code, or as the Times would express 
it, who are tvorking the way for the new law, undertake to justify this pretension by 
argument, preparatory to its being maintained by force, we may fairly call upon 
them to establish their position by undeniable proofs, or by the clearest illustrations. 
The burden of discussion is cast upon them, while the nations of the earth, at the 
same time judges and parties, are watching the progress of the controversy, anxious, 
it may be, to see if this new step, as the Times may well term it, is to be attended 
with a new struggle, and if both are to be gained, as so many have been gained 
before them. 

In carefully analyzing the correspondence, the arguments in support of this claim 
may be liriefly summed up in these : Without it flags may be sometimes abused. 
Without it English cruisers may sometimes be prevented from boarding their own 
vessels, and thus the municipal laws of England may be violated. "Without it the 
ti'eaty stipulations for the suppression of the slave trade can not be so well executed, 
as with it. And the traditions of the British navy, and Lord Aberdeen believes, of 
other navies, are in favor of its assertion. This is a brief summary of the defense 
of the measure. 

As to what may be termed the quarter-deck law, we shall dismiss it with a very 
cursory examination. Mr. Stevenson calls in question the exactitude of the fact, at 
any rate to the extent to which it must reach, in order to support such a claim as 
this. That vessels may have been overhauled and entered in time of peace, under 
peculiar circumstances, we do not doubt. But it is evident that this practice has 
never prevailed in any considerable degree, most certainly not sufficiently so to 
render it authoritative, as otherwise it would have given rise to examination and 
consideration among the elementary writers, and to discussion among the govern- 
ments which, from time to time, must have been affected by it. No trace of this 
appears, and the conclusion is inevitable that its use has never been established, 
nor its abuse sufficiently prevalent nor serious to render it the subject of diplomatic 
intervention. 

If Great Britain had, as she has not, in the exercise of her nuval streng-th, pushed 
this usage beyond the point we have indicated, certainly it would be with a bad 
grace, she would claim that her own violence should be written down in the law 
of nations, and constitute the rule for their future government. We go farther; 
vessels will, no doubt, be hereafter spoken and entered, and no one will complain, 
because no indignity will be intended, nor will any injury be done. Strictly speak- 
ing, a trespass may be committed, but the nuitter will pass off, -without exciting the 
least sensation, either among the parties or their governments. IIow different this 
is from a claim to enter and search all ships, at all times and in all places, we leave 
to the common sense of mankind to judge. We say in all places, because, though 
one half only of the Atlantic ocean is tabooed, (as the South-sea islanders express 
it,) at the present moment, yet the same power which has laid this interdict upon a 
part of one of the mightiest works of God, may extend it, as soon as its interests 
dictate, from pole to pole, and from east to west. If that is not already done, it is 
not that the principle is not sufficiently elastic to cover such a space, but only, that 
the time of harvest has not yet come. We are aware of our offense against the canons 
of criticism in the metaphor, but we may be pardoned the trespass, in consequence 

of the force of the illustration With respect to the abuse to wliich the claim 

of immunity, made by the United States for their vessels, may be liable, it is not 
difficult to show, how greatly it has been exaggerated. This seems to be the favorite 



OF LEWIS CASS. 419 

argument of Lord Palmerston, and is repeated, under a somewhat different view, by 
Lord Aberdeen. Both these statesmen appear to think, that the United States claim 
a perfect immunity for all vessels bearing their flag, and as an illustration of the 
absurdity of such a pretension. Lord Aberdeen asks Mr. Stevenson, if he supposes 
the government of Great Britain would permit ''British vessels and British capital 
to carry on, before the eyes of British officers, this detestable traffic, etc., by hoisting 
the American flag. 

This conclusion is no corollary from the premises laid down by the United States. 
They advance no such pretension. It is the immunity of their own bona fide vessels, 
they seek to secure. They do not deny to the cruisers of all the powers of the earth, 
the right to enter and search each the vessels of their own country, which may 
concede the privilege, though the flag of the United States may fly at all their mast 
heads. But they do deny the right of any such cruisers to search tfieir vessels, and 
here lies the root of the whole matter. Certainly, if a British or French frigate 
encounters a vessel at sea, which is most assuredly a British or a French vessel, 
endeavoring to conceal her nationality, under the American flag, such frigate is jus- 
tified in boarding her, and in disposing of her as the laws of her country may 
provide. But this is done at the risk of the boarding ship. If the resiilt proves 
that the suspicion was well founded, then the commanding officer will be scathless. 
He will have done his duty to his own government, and no injury to another. But 
if he has suffered himself to be deceived, then he has violated the rights of a for- 
eign power, and his sovereign must be responsilde for the consequences. He may 
still have done his duty to his own government. That will depend upon the strength 
of the evidence upon which he acted. But he has committed an injury against another, 
and for that injury, atonement may be demanded. But here we come to the prac- 
tical operation of these general principles, and it is that branch of the subject alone 
which is worthy serious consideration. 

The two British statesmen attempt to support their position by pushing principles 
to their extremes. This may do in the schools, but its place is not in active life, and, 
least of all, in the affairs of nations. A British officer meets a vessel bearing- an- 
American flag, but which he has the strongest reasons to suspect to be British, and 
engaged in the slave trade. He boards her, conducts himself with perfect propriety, 
ascertains his error, and retires, without committing any injury. He is a trespasser 
but no government would ever think of complaining in such a case. A perpetual' 
right to stop, to search, and to seize is one thing; a casual act of trespass, conceded 
to be such, excused by peculiar circumstances, and immediately acknowledged and 
atoned for, is another. The latter may be pardoned. The former is intolerable. 
The commander of the boarding vessel is precisely in the condition of a sheriff's 
officer, who, with a writ against A, arrests B. Now, on a trial in an action of tres- 
pass, which B might institute for this assault and battery, what would be the measure 
of damages which an intelligent jury would apply to the case? They would adopt 
precisely the same rule we have already laid down, in the case of the commander. 
If the officer had strong reasons to mistake the identity of B, and to suppose he was 
A, and if he had conducted himself with perfect propriety, and had really committed 
no injury, he would be dismissed with nominal damages ; damages, which, while 
they asserted the great principle of liberty, would be yet perfectly valueless in their 
amount, leaving the ill-advised complainant to pay the costs. Such is the illustra- 
tion of our maritime subject. In this manner the principle is saved, and flagraAt 
abuses prevented. And why the naked principle is incalculably valuable to the 



420 LIFE AND TIMES 

United States, is obvious. Upon it turns the claim of impressment. The exercise 
of that claim, as we have seen, is the consequence of a legal right of entry. So long 
as this entry is illegal, so long the American seamen are, by British confession, safe 
from British power. "We may illustrate this principle still further, and it is well to 
do so, because Lord Aberdeen pushes the immunity even to the protection of piracy, 
and some of the English journals have expressed a very patriotic fear of that result. 
Let us examine this matter. The cruiser of a civilized power approaches a region 
where a inrate*is known to have recently been committing depredations. His 
appearance is described, and he is anxiously watched. A vessel, with the flag of 
the United States, heaves in sight, and she bears a great resemblance to the corsair. 
She is entered, and the mistake is discovered. The act would be pardoned, and, 
especially, as the crime is proscribed by the law of nations — a law which all powers 
should support and enforce. And it would not be difficult to suppose a case, where 
the public ship of a nation might be attacked, and under such strong presumption 
of her being a pirate, as to excuse, though not to justify, the aggression. When 
piracy was prevalent in the West Indies, some years since, the smaller vessels of the 
American squadron employed in its suppression, were often disguised to deceive the 
pirates. If one of them had been mistaken by a French or British frigate for a 
piratical cruiser, she would have been attacked, but the matter would have been 
amicably arranged, as was the controversy respecting the action between the Amer- 
ican frigate, the " President," and the British sloop-of-war, the " Little Belt," which 
occurred in profound peace, but was the result of mutual misunderstanding. Now 
Lord Palmcrston and Lord Aberdeen do not claim the right, in time of peace, under 
any circumstances, to search a vessel of war, in order to ascertain her nationality. 
Here the hunling rides inviolate. But does it follow that, because a pirate hoists the 
flag of a Christian power, and assumes the appearance of one of her armed ships, he 
is therefore beyond the reach of his pursuers ? Or that all the French vessels of 
war upon the ocean may be searched by a British ship, because the latter chooses 
to miq:)ect they are pirates? Such pretensions would be absurd. The public vessel 
is inviolable in i^rinciple by universal consent, as the private vessel was till this 
pretension arose. The immunity of the one has not prevented the suppression of 
piracy, nor would the immunity of the other prevent the suppression of the slave 
trade. Neither ought to be forcibly entered by a foreign power, luit, if their guise 
is assumed, and in such a manner as to deceive the honest cruiser, circumstances 
might occiir to justify him in attacking the one and in entering the other. 

But pursuing the analogy and pushing the principles, as Lord Palmerston pushes 
it, \\. is evident that, if the possible abuse of their flag, for the purpose, among other 
things, of carrying on the slave trade, is a proof that the merchant vessels of the 
United States may be stopped and searched, then their armed ships may be also 
stopped and searched, or every corsair, who may. in like manner, hoist their flag, may 
roam the ocean untouched. We leave the dilemma where the argument originated. 
With our views there is no difficulty. These we have sufficiently explained. Piracy 
has been put down without a^' violation of the freedom of the seas, or of the inde- 
pendence of the nations. TOe slave trade may be put down also, with the same 
sacred regard to those great principles. If occasional trespasses are committed in 
obtaining the one object or the other, let these be judged as they arise. Suffidcnt 
unto the day is ike evil thereof. Let violence not be encouraged and shielded in 
advance, and one of the best works of man — the code of opinion — by which the strong 
is restrained and the weak protected upon the ocean, be broken up, and its frag- 
ments scattered to the wind. 



OF LEWIS CASS. 421 

"We come now to the consideration of this principle as the British statesmen lay 
it down, and more particularly in its application to the slave trade. We have seen 
that Lord Palmerston, who certainly expresses himself less guardedly than Lord 
Aberdeen, qualifies his general postulatum concerning the search of the vessels of 
the United States by this limitation, that there must be circumstances justifying the 
suspicion that they are not American property ^ and that their voyages are illegal. Lord 
Aberdeen goes farther. He claims no right of search, " except under the most grave 
suspicions and well founded doubts of the genuineness of its (the vessel's) charac- 
ter." And he, too, requires that the object of the vessel should be '• illegal." 

The most grave suspicions and well founded doubts of what, Lord Aberdeen ? Of vio- 
lating your municipal laws ? If that proposition is meant and can be maintained, 
then England is much nearer universal domination upon the ocean than the most 
jealous observer of the maritime " steps " has ventured even to insinuate. She has 
only by statutory provision to declare, as she already declares in principle, that the 
employment of her native born subjects in the American marine, military or com- 
mercial, is illegal, and she can then enter the ships of the United States, and seize 
their crews, without resorting to the sophism, (we speak as a logician, not offens- 
ively,) which actually casts an air of ridicule upon the grave question, and by which 
the true object is attained under a pretended one. 

She has only to declare piratical the transportation of the merchandise of France, 
as she has declared piratical the slave trade, and then every French ship sailing the 
ocean, and every other one, indeed, may be stopped and searched, to ascertain if 
they carry the wines of Bordeaux, the silks of Lj'ons, or the rich and elegant 
manufactured articles of Paris. From such a search, to seizure and condemnation 
is but another step; and the tri-colored bursting of France, and the striped hinting 
of the American Union might disappear from the face of the seas. 

Let no man say that such things will not happen. Upon this subject we can no 
more assert what is probable, than we can predict what will happen. Ko step in 
this onwa.d progress can be more irreconcilable "with common right and common 
sense, than was the proper blockade of half Europe, without even the pretense that 
this interdict was supported by an armed vessel, if it were but a gun boat, to watch 
one hundredth part of the coast thus pronounced to be hermetically closed. 

But what constitutes this illegality, we are nowhere distinctly told. Indeed, the 
■whole reasoning of Lord Aberdeen, upon this branch of the subject, is marked 
with a confusion certainly not the characteristic of that accomplished statesman, 
but the result of the position he felt it his duty to take. He says, in one part of his 
dispatch, " that the present happy concurrence of the states of Christendom (Qu. 
some of the states of Europe?) in this great object, not merely justifies, but renders 
indispensable the right now claimed and exercised by the British government." 
This it will be observed, was written before the conclusion of the late treaty be- 
tween five of the European powers, upon this subject, and therefore has relation 
only to the previous isolated treaties ; though that circumstance, in our view, what- 
ever it may do in that of Lor,d Aberdeen, changes nothing in the rights of the 
parties to this controversy. That all the powers of Christendom have not conceded 
this right of search will aot be disputed ; for we suppose the United States may 
fairly claim to belong to that great brotherhood of nations. Is it possible Lord 
Aberdeen means all his words clearly express? Will he openly assume the princi- 
ple, that the concurrence of some of the powers of Europe, great or small, in a 
measure, even when avowedly and specifically confined to themselves, immediately 



422 LIFE AND TIMES 

and ipso facto changes the hxw of nations, and sanctifies the principle of this new 
measure? If some future Napoleon should arise, and by a general continental con- 
vention, attempt to exclude England from the markets of the world, would this 
act of violence become legal ? Would it impose upon that country the moral duty 
of submission, because the " happy concurrence of some of the states of Christen- 
dom in the great object" had not only legalized, but had rendered the process by 
Avhich their decree was to be enforced, not merely justifiable, but indispensable? 
This is no reasoning for the nineteenth century, and we can no longer occupy 
ourselves with it. 

If the right of search is here placed, as we see, upon the obligation created by 
the partial treaties for the suppression of the slave ti'ade, there are passages in the 
dispatches of both Lord Palmerston and Lord Aberdeen, where it is placed upon 
the municipal law of England. These are to be found where Lord Aberdeen 
invokes the necessity of examining American ships, to ascertain if they are not 
"British ships with British capital," carrying on a traffic "which the law (the mu- 
nicipal law of England) has declared to be piracy." And Lord Palmerston says, 
that without the right of searching American vessels, " even the laws of England 
might be set at defiance by her own subjects." And so they may be evaded in a 
thousand ways, and have been evaded by means furnished by ships, both English 
and foreign. And why confine this claim of search to the evasion of the laws, 
respecting the slave trade? Why not extend it to all cases which may happen, and 
stop and seize upon the ocean all vessels suspected, or pretended to be suspected, 
of aiding in such evasion ? And why should not a French cruiser overhaul and 
search any merchantman, foreign as well as French, which, it may be pretended, 
has on board a young conscript fleeing from the conscription? This branch of the 
discussion has already extended too far. We do not believe it is necessary for any 
intelligent reader that we should farther jiush the refutation of the pretension, that 
a British boarding crew may enter any American ship she meets, with a view to 
give effect to the British laws. That time may come, and perhaps will come, if this 
step is gained. But before then, many strange events may come to pass. 

But it will be seen, also, that this illegality which we are in search of, is created, 
not only by treaty stipulations and municipal laws, but by the law of nations. To 
the last authority the United States avow their entire submission, and what that 
ordains they will cheerfullj- obey. Lord Aberdeen says, that the fraudulent abuse 
of the American flag " constitutes that reasonable ground of suspicion which the 
law of nations requires in such a case." Let Lord Aberdeen put his finger upon 
that part of the Lnv which applies to " such a case," and all opposition to the pre- 
tensions of his country is at an end. But it is the fair provision which is demanded, 
and not a substitute, created by a false analogy. This doctrine is not to be 
supported by transferring to this subject principles and practices applicable only 
to a state of war, and to acts which are then "illegal" by the unanimous consent 
of mankind. 

But, after all, supposing the law to be as laid down, that American vessels may be 
searched because their voyages may be sometimes " illegal," what are the circum- 
stances which justify the exercise of this measure, agreeably to the British doctiine? 
We repeat the rule, as stated by Lord Aberdeen. No vessel bearing the American 
flag ought to be visited by a British cruiser, except " under the most grave suspi- 
cions and well founded doubts of the genuineness of its character." What is the 
practical application of this rule? Why, American vessels are visited, in the 



OF LEWIS CASS. 



423 



language of Lord Aberdeen, " in certain latitudes and for a particular object." That 
is to say, their very appearance in " certain latitudes" is a " grave suspicion," and 
thence follows the entry, the detention, the search, and, it may be, the seizure! If 
this is not reversing the natural order of things, and casting the burden of proof 
upon the injured party, we confess our inability to understand the subject. This 
amounts to a complete blockade of the great Southern ocean, from Rio Janeiro to 
the Bight of Benin. How long it may continue, and how much further it may 
extend, we leave to history to tell. 



PART IV. — The African Slave Trade, as Piracy, Considered. 

There is a tendency in the communications of both the British Secretaries of 
State for Foreign Affairs to consider the African slave trade as piracy. This point 
established, and all opposition to this claim of search, in cases bona fide suspicious, 
would cease. Lord Palmerston speaks of " slave trading pirates," and Lord Aber- 
deen of "piratical adventurers." 

But this is loose language, except so far as it has reference to municipal laws. 
The slave trade is nefarious, unjustifiable, and ought everywhere to be proscribed 
and rigorously punished. But it is one of that class of acts whose criminality de- 
pends upon the laws of different countries. A nation or a combination of nations 
may call it piracy, and apply to their own citizens the punishment usually 
prescribed for that crime. But this change of names changes nothing in the nature 
of things, and piracy is now, by the law of nations, what it has been for ages past. 
As to the status of slavery itself, it were idle to contend it is illegal by the common 
consent of mankind. It has existed since the earliest ages of the world, and there 
is probably no nation, ancient or modern, among whom it has not been known. By 
some, it has been abolished, and where it yet survives we hope its condition has 
been meliorated. This is certainly true of the United States. A general disposition 
is gaining ground to improve the situation of this unfortunate class of society. This 
is felt in the Southern States of the American confederacy as well as elsewhere, and 
he who should judge of the treatment of the slaves in that region, by their treat- 
ment in the West India colonies, would do the Southern planter egregious injustice. 
The best proof of this assertion is the fact, disclosed by the statistical tables pub- 
lished by the American government, that in some of the slave States the slaves 
increase faster than the white population, and another fact, not less significative, is 
the rate of their natural augmentation. This is found to be between twenty-five 
and thirty per cent, in each decennial period. A very respectable countryman now 
here in whose statement we place full confidence, has just informed us, he has 
examined the subject, and finds, though there are more than fourteen millions of 
free white persons in the United States, and but two millions and a half of slaves, 
yet the number in the latter class, over one hundred years of age, is almost double 
that in the former. 

We are no slaveholder. We never have been. We never shall be. We deprecate 
its existence in principle, and pray for its abolition everywhere, where this can be 
effected justly and peaceably, and safely for both parties. But we would not carry 
fire, and devastation, and murder, and ruin into a peaceful community, to push on 



424 LIFE AND TIMES 

the accomjjlisbment of that object. But after havhig visited the three quarters of 
the ohl continent, we say before God and the world, that ive have seen far more, and 
more frightful misery, since we landed in Europe, and we have not i-isitcd Ireland yet, than 
we have ever seen among this class of people in the United States. Whatever may- 
be said, there is much of the patriarchal relation between the Southern planter and 
the slave. And as to the physical distress which is seen in Europe, resulting from 
a want of food, and from exposure to a rigorous winter without adequate clothing, 
we believe it to be so rare, as not to form a just element in the consideration of this 
matter. But the subject of the emancipation of two millions and a half of human 
beings, living among another population, of different race and color, and with 
different habits and feelings, is one of the gravest questions which can be submitted 
to society to solve. It can be safely left only to those who are to be so seriously 
affected by it; and there it is left by the Consiitution of the United States. It is a 
matter with which the general government has no concern. 

And so with respect to the slave trade. It is a trafiic which can be traced back 
to the time of Jacob, whose son was sold into Egj^pt; and down, in some form or 
other, during the successive ages whicli have intervened, to the last century, when 
by treaty arrangements with Spain, England obtained, as a great commercial favor, 
the privilege of supplying the Spanish colonies with slaves,* and to the present, 
when, after many years of bitter opposition, the English Parliament voted the aboli- 
tion of the slave trade, Init when some of the greatest namcsf in England were 
found in the minority. These statesmen by their votes not only pronounced the slave 
trade to be legal and expedient, but moral, also, so far as that consideration formed, at 
that time, a motive of legislative action. That it is illegal, by the great code of 
public law, no statesman, nor publicist, or well informed man, will seriously contend. 
Thanks to the advancing opinions of the age, its atrocity is generally acknowledged, 
and the obligation of Christian states to extirpate it, almost everywhere felt and 
obeyed. But it is not permitted, in order to attain a great good, to commit a great 
evil. In order to break up the traffic, to break down the barriers which centuries have 
been rearing, and by which the weak are everj-where protected against the strong, 
the peaceful against the warlike ; the law of nations is but general opinion, illus- 
trated by able jurists, and sanctified l)y time, and by universal acquiescence. Touch 
it rudely, and the whole fiibric will disappear, leaving the nations of the world, in 
their mutual relations, as they existed in the most barbarous age. 

Most wisely and most impressively, therefore, did Lord Stowcll say, "No nation 
has the right to force their way, for the liberation of Africa, by trampling upon the 
independence of other states, on the pretense of an eminent good, by means that 
are unlawful; or to press 'orward to a great principle, by breaking through other 
great princiiiles which stand in their way." 



* The first article of the treat}' of Madrid, of 26th March, 1718, is thus conceived : Whereas the 
assiento which was formed with the Company Royal of Guinea, established in France, to furnish negro 
slaves for tlie West Indies, has expired, and tlie queen of Great Britain wishing to enter into this com- 
merce, and in her name the English Company, etc. 

j In looking over Clarkson's History of the Abolition of the Slave Trade, we find that the cabinet of 
Mr. Pitt was divided iipon this subject, and that the sincerity of that distinguished man in the support 
of it was geiierally doubted. And Clarkson states, that from the known sentiments of tlie king, the 
veto of the bill wa^ fyared. Among tlic- opponents we find the Duke of Clarence, (afterwards William 
the Fourth.) who called the supporters of tlic bill fanatics and hypocrites. Lords Thurlow, Kodney, 
Sheffield, Eldon, Saiut-Vinoent, Liverpool, Sidmouth, (who was Mr. Addington.) Hawksbury, (who was 
Mr. Jenkinson.) Mr. Dundas, Colonel Tarleton, Major Scott, etc. 



OF LEWIS CASS. 425 

Words of deep wisdom and of solemn -vrearing; and lamentable is it, tliat their 
obligation has scarcely outlived the able and venerable judge by whom they were 
pronounced. And above all is it to be deplored, that the first public practical dis- 
avowal of these sentiments should come from a country whose law they were 
ruled to be. 

We have already adverted to the opinion of the Duke of Wellington, in connection 
with that of Lord Stowell. This we did from memory ; but at the moment of writing 
this part of our remarks, we have been enabled to refer to a debate in the House of 
Lords, 10th July. 1839, where his sentiments are fully disclosed. With that spirit 
of frankness and sagacity which are not the least eminent among the qualities of 
that eminent man, he predicted the issue to which this pretension must lead. He 
said, "the clause in question made it lawful to detain any vessels whatever, on 
suspicion on the high seas, and demand their papers; and the persons exercising 
such authority, were moreover indemnified for all the consequences. Was it in- 
tended that the vessels of any power in Europe might be searched, and afterwards 
allowed to proceed on their voyage, whether we had treaties with those powers or 
not? Such a law would be a perfect novelty in the legislation of this country, and 
the House ought to well pause before they adopt it." 

Again, on the loth August, the duke remarked: "It was well known that with 
the United States Ave had no convention; there were, indeed, engagements, made by 
diplomatic notes, but nothing went to show the least disposition, on their part, to 
permit the right of detention and the search ofpapeis; and if there was one point more 
to be avoided than another, it was that relating to the visitation of vessels belonging 
to the Union. He warned government not to proceed, but rather to issue an order 
in council or a declaration of war." 

We quote the remarks of Lord Brougham, because they are equally honorable to 
himself, to truth, and to the American government. " It could not be disguised that 
we were peculiarly situated with respect to the United States, because we had not 
affected any treaty conferring such right of search. It should be borne in mind that 
the United States, at the very earliest period they were enabled to do so by the 
Federal Union, had adopted the abolition of the slave trade, and were, in fact, the 
first to make it piracy for any one of its subjects to carry it on. The government of 
the United States was not so strong as a monarchical government, nor had it such 
direct and powerful means of controlling its subjects." And he remarks, Avith respect 
to the sale of American ships to persons carrying on the slave trade : " but the people 
might not, after all, be answerable for the purposes to which they were devoted, not 
more so, certainly, than an English shipbuilder who sold vessels, constructed in his 
yard, which were afterwards dispatched to the coast of Africa." 

We shall not add a word to the authority of these high names. Their decisions 
need no commentary from us. 



PART V. — What the United States have done to put dottn the 
Slave Trade — The Consequences of Persistence in the Right 
OF Search by England. 

Keeping in view the preceding course of discussion, it is obvious that, upon the 
principles heretofore received among mankind, if the United States should peremp- 
torily refuse all co-operation in any effort to put down the slave trade, they would 



426 LIFE AND TIMES 

be responsible oiilj' to tbe public opinion of the nations, and to Ilim by whom nations 
rise and fall. " It would be but the consequence," says the London Sim, " of our for- 
mer proceedings, which hare made it impossible for the Americans to admit the claim. 
By committing injustice on our own people, we have bred up our officers to arbi- 
trary habits, which have made them arbitrary to other nations, and the consequen- 
ces debar England from following out her humane wishes to suppress the slave trade." 
But the United States refuse no such co-operation. They have interdicted, as we 
have seen, this trade to their citizens, and have provided exemplary punishments 
for the transgressors. They have, for many years, kept a squadron upon the coast 
of Africa, to aid in its suppression, and they are now making arrangements for its 
augmentation. We do not affect to deny that a general right of search would assist 
the objects which all Christian powers are seeking to attain. It would be an addi- 
tional means of detection. But such a right is not at all indispensable to success. 
Much lias already been done, and the work is going on now. It would be greatly 
promoted if the markets, in countries to which slaves are yet transported, Avere 
closed to this traffic. If these unhappy victims of lawless violence could not be sold, 
they would not be bought. Let a general effort be made with the Spanish, Portu- 
guese, and Brazilian governments, to induce them to act vigorously in this matter, 
by judicious municipal regulations faithfully executed, and a powerful means of 
success will be put in motion, without " breaking down the great principles which 
now stand in its way." ■ 

That the efforts to suppress the slave trade may be rendered, without the adop- 
tion of this obnoxious measure, is evident, from a suggestion in a London journal, 
which, with just feeling, seeks to avert the impending consequences of this claim of 
search. This journal proposes that an officer of the British and American navies 
shall reciprocally sail in one of the cruisers of the respective nations, and that such 
officer shall exercise the right of search, in the vessels of his own country, thus 
ascertaining their character and objects, and seizing them, when guilty, without any 
violation of the rights of sovereignty. We do not stop to examine this proposition; 
we merely allude to it to show, that in a spirit of accommodation, means may be 
found to reconcile all avoiccd objects with national dignity and independence. Such 
a plan Avould possess one advantage. It would be truly reciprocal ; whereas the 
proffered power to search is but the mockery of a reciprocity toward the United 
States, whose institutions never will permit impressment as a means of manning 
their navy. While, therefore, the British officer enters to search and impress, and 
the American officer enters to search, the inequality is too glaring to need illus- 
tration. 

But, after all, what kind of philanthropy is that which seeks not merely to put 
down the African slave trade, but to put it down by the employment of one means 
among many, and which means, if persisted in as threatened, will as surely involve 
two great nations in war, as to-morrow's sun will rise upon both? And who can 
tell the issue of such a war, not merely to the parties themselves, that we shall not 
touch, but to the civilized world? Who can tell the questions of maritime right 
whicli will arise during its progress, and of maritime wrongs which will be inflicted? 
Who can tell how soon its sphere will be enlarged, and the oppressions of Africa be 
lost sight of in the struggles of Europe and America? 

It is strange, indeed, but so it is, that one of the modes proposed for the liberation 
of the negro from the traffic of his flesh and blood, will necessarily lead to the 
bondage of the American seaman; where his flesh and blood are not iudecd sold, 



OF LEWIS CASS. 427 

but where they are taken without jtrice, and may be swept away by the cannon of 
his own country. "When they doubted they took the trick" — words which all 
Americans should grave upon their hearts. We may safely appeal to any g-enerous 
Englishman and F renchman, and ask what would be their sensations if told, yes, 
we do seize your citizens, we toill seize them ; when ive doubt, we take the trick. Let each 
answer for himself, and that answer will disclose the feelings of the Americans ; for 
this trick it is a man, an American citizen. By and by, after law shall have icorked 
its way far enough, the trick may become a French citizen, and what sort of a struggle 
will come when that step is taken ? 

But should the United States yield to this claim, what security is there for them, 
or for nations like them, interested in the freedom of the seas, that it would not be 
followed by another and another pretension, till the British flag rode triumphantly 
over the waters of the earth ? llow far is to be pushed this crusade of benevolence, 
which would involve east and west in one common calamity, in order to attain, in 
its own way, an object which must come, and that speedily? There are significant 
signs abroad that this is but the commencement of a system, destined to a wide 
extension. Already the project has been publicly discussed in England, of putting 
a stop to slavery by putting a stop to the sale of its products. It has been sup- 
ported in the journals, and advocated, we believe, in Parliament. The scheme has 
not yet ripened into a plan. But benevolence is sometimes shrewd, as well as active, 
and the proposition, so far, is merely to interdict the sale of these products in Eng- 
land ; yet who can tell how soon the question may enter, in an improved form, into 
the maritime code of nations ? It would be but another step, and though it might 
be accompanied by another struggle, leading to universal war, what cares the phi- 
lanthropist for this ? Law would work its own way. Slavery is wrong as well as the 
slave trade. We can not enter upon the territory of another nation, to suppress it. 
But we will seize its products upon the ocean ; they sl'iall become contraband of 
peace ; no cotton, rice, coflee, sugar nor tobacco, not the product of free labor, 
shall be lawful freight. And thus the object l)cing just, the means must be just also. 
But here we drop the discussion, leaving every xeflecting man to draAv his own 
conclusions. Most sincerely do we hope that Lord Ashburton carries out, to the 
American government, some modified proposition it can accept. But we freely 
confess, looking to the pretensions of both parties, and knowing the feelings of our 
countrymen, that we do not see upon what middle ground they can meet. Our 
fears are stronger than our hopes ; and sad will be the day when two such nations 
go to war. Even if England were clearly right, as in our opinion she is clearly 
wrong, she might forbear much, without any imputation upon her honor. She has 
won her way to distinction by a thousand feats in arms, and, what is her better title 
to renown, by countless feats in peace : triumphs of genius, of skill, of industrj^, 
and of enterprise, which have gained her a name that the proudest may envy, and 
that few can hope to equal. She has given birth to an empire in the west ; an 
empire whose extent and duration it passes human sagacity even to conjecture. 
There are planted her laws, her language, her manners, her institutions. A thous- 
and ties of interest unite these kindred people. Let England cherish this as her 
most glorious work; but let her recollect, too, that a spirit equal to her own ani- 
mates the republic, and, though she may be crushed, she will not be dishonored. 



428 LIFE AND TIMES 



CHAPTER XXVII. 

General Cass Protests to tlio Frencli Government — Notifies tlie Secretary of State — Treaty not Ratified 
— Ilis Course Approved l)j' the Tresideut — The Protest to the Frencli Government. 

On the fourteenth of February, 184:2, General Cass left at the 
office of Foreign Affairs, his protest against the proposed treaty. 
It was warmly approved by his countrymen, and the national 
administration at Washington, although differing in political 
views, acknowledged the eminent services rendered by him. It 
is American in tone and sentiment, and wortliy of its author. 
Having taken his stand before the people of France, he could do 
no less than place among the archives of the legation and of the 
French government, his disclaimer of the right of Europe to 
make the proposed combination, and his remonstrance thereto. 
Although he did not yet know the views of his government, he 
felt that his duty lay in this direction, and he took the responsi- 
bility entirely to himself It is too intimately connected with the 
appeal, to be separated from it in a history of his life. The two 
go together, and should be kept together, to appreciate truly his 
position and feelings on this occasion. 

On the fifteenth of February he officially advised the Secretary 
of State of his proceedings, and enclosed copies of the appeal and 
the protest, and in this communication he fully reports the pro- 
gress of this affair. He reminded the Secretary of State that he 
was in the midst of stirring circumstances, and could form a safe 
judgment of the dangers which menaced the American govern- 
ment, and pressed upon the notice of the Department the necessity 
of instant and extensive arrano;ements for offensive and defensive 
war ; all other questions, personal, local, or political, should give 
way before this paramount duty; and that, for aught he knew, a 
hostile squadron might carry to the United States the first news 
of war. He admitted that, perhaps, his appeal to the French 
nation might not be regarded as a very diplomatic dispatch. "It 
is not so, certainly, so far as diplomacy consists in mystery, either 



OF LEWIS CASS. 429 

of thoiigbt or expression," said the General. " I have felt strongly, 
and I have attempted to speak plainly. I do not belong to the 
school of that well known French statesman who said, ' that lan- 
guage was given to conceal thoughts.' I must claim yom* indul- 
gence for my candor, in consideration of my motives. I see the 
difficult position of my country, and most anxious am I that it 
should be seen and appreciated at home. That done, I have no 
fear for the result," 

On the thirtieth of April he apprised the Department that the 
quintuple treaty, purporting to be for the suppression of the slave 
trade, had not been ratified by France, and, from all indications, 
he thought it would not be, and at the same time intimating that 
he had not then heard from his own government on this subject. / 

On the seventeenth of May, he acknowledged the receipt of Mr. 
Webster's disj^atch, containing the gratifying information that his 
conduct was approved; and on the twenty-sixth of May, he advised 
the Department that the treaty had been discussed in the Cham- 
ber of Peers and in the Chamber of Deputies, and the sentiments 
expressed were unanimously against the measure, and that the 
exciting subject was at rest. 



" Legation of the United States, 
" Paris, Februaiy 13th, 1842. 



} 

" Sir : The recent signature of a treaty, having for its object the 
suj)pression of the African slave trade, by five of the powers of 
Europe, and to which France is a party, is a fact of such general 
notoriety, that it may be assumed as the basis of any diplomatic 
representations which the subject may fairly require. 

" The United States, being no party to this treaty, have no right 
to inquire into the circumstances which have led to it, nor into 
the measures it proposes to adopt, except so far as they have 
reason to believe that their rights may be involved in the course 
of its execution. Their own desire to put a stop to this traffic is 
everywhere known, as well as the early and continued efibrts they 
have adopted to prevent their citizens from prosecuting it. They 
have been invited by the government of Great Britain to become 
a party to the treaty, which should regulate the action of the com- 
bined governments upon the subject. But, for reasons satisfactory 
to themselves, and I believe satisfactory to the world, they have 
declined this united action, and have chosen to pursue their own 



430 LIFE AND TIMES 

measures, and to act npon their own citizens only, without subject- 
ing these to any kind of foreign jurisdiction. 

" In a communication from Lord Pahnerston, her Britannic 
Majesty's principal Secretary of State for Foreign Affairs, to Mr. 
Stevenson, the American Minister at London, dated twenty-sev- 
enth August, 1841, Lord Palmerston claims a right for the British 
cruisers, and avows the intention of his government to exercise it, 
to search American vessels at sea in time of peace, with a view to 
ascertain their national character. He adds, that ' this examina- 
tion of papers of merchantmen suspected of being engaged in the 
slave trade, even though they hoist the United States flag, is a 
proceeding wliich is absolutely necessary that British cruisers, 
employed in the suppression of the slave trade, should continue 
to practice,' &c., &c. 

'• In a communication from the successor of Lord Aberdeen, to 
Mr. Stevenson, dated October 13th, 1841, the views and determi- 
nation announced in the first are confirmed ; and Lord Aberdeen 
thus states the ground upon which rests this pretension to search 
American vessels in time of peace : 'But the undersigned must 
observe that tlie present happy concurrence of the states of Christ- 
endom in this great object, (the suppression of the slave trade,) 
not merely justifies, but renders indispensable, the right now 
claimed and exercised by the British government.' That is to 
say, the right of entering and examining American vessels, to 
ascertain their nationality. 

" It is no part of my duty to offer any comments upon this pre- 
tension, nor upon the reasons advanced in support of it. And if 
it were, I should find the duty far better performed for me than I 
could perform it for myself, in the annual message of the Presi- 
dent of the United States to Congress, of December Tth, 1841. In 
that document will be found the views of the American govern- 
ment upon tliis subject, and it is there emphatically declared, that 
' however desirous the United States may be for the suppression 
of the slave trade, they can not consent to interpolations into the 
maritime code at the mere will and pleasure of other governments. 
We deny the right of any such interpolation to any one or all the 
nations of the earth, without our consent. We claim to have a 
voice in all amendments or alterations of that code, and when we 
are given to understand, as in this instance, by a foreign govern- 
ment, that its treaties with otlier nations can not be executed 



OF LEWIS CASS. 431 

without the establishment and enforcement of new principles of 
maritime police, to be applied without our consent, we must em- 
ploy language neither of equivocal import nor susceptible of 
misconstruction.' 

" You will perceive, sir, by these extracts, that the British gov- 
ernment has advanced a pretension which it asserts to be indis- 
pensable to the execution of its treaties for the suppression of the 
slave trade, and to which the President of the United States has 
declared that the American government will not submit. Tliis 
claim of search, it will be observed, arising, as is asserted, out of 
existing obligations, has relation to the isolated treaties for the 
abolition of this traffic which were in force at the date of the 
communications of Lord Palmerston and of Lord Aberdeen. It 
is now known, that the combined treaty upon this subject is more 
extensive in its operations, and more minute in some of the details 
of its execution, than the separate treaties with France, which 
preceded it, and equally indefinite in the dui-ation of its obliga- 
tions. Of course, measures were not only 'justifiable, but indis- 
pensable,' for the execution of the latter will find equal justice and 
necessity in the obligations of the former, 

^' With this jirevious declaration made by one of the parties to 
this quintuple treaty, concerning its operations, the American 
government can not shut their eyes to their true position. The 
moral effect which such a union of five great powers, two of which 
are eminently maritime, but three of which have perhaps never 
had a vessel engaged in that traffic, is calculated to produce upon 
the United States and upon other nations, who, like them, may 
be indisposed to these combined movements, though it may be 
regretted, yet furnishes no cause of complaint. But the subject 
assumes another aspect, when they are told, by one of the parties, 
that their vessels are to be forcibly entered and examined, in order 
to carry into effect these stipulations. Certainly the American 
government does not believe that the high powers, contractino- 
parties to the treaty, have any wish to compel the United States 
by force, to adapt their measures to its provisions, or to adopt its 
stipulations. They have too much confidence in their sense of 
justice to fear any such result, and they will see with pleasure 
the prompt disavowal made by yourself, sir, in the name of your 
country, at the tribune of the Chamber of Deputies, of any inten- 
tions of this nature. But were it otherwise, and were it possible 



433 LIFE AND TIMES , 

they miglit be deceived in this confident ex^^ectation, tliat would 
not alter in one tittle their course of action. Tlieir dutj would 
be the same, and the same would be their determination to fulfill 
it. They would prepare themselves with apprehension, indeed, 
but without dismay ; with regret, but with firmness ; for one of 
those desperate struggles which have sometimes occurred in the 
history of the world, but where a just cause and the favor of Prov- 
idence have given strength to com23arative w^eakness, and enabled 
it to break down the pride of power. 

" But I have already said that the United States do not fear 
that any such united attempt will be made upon their independ- 
ence. What, hoW'Cver, they may reasonably fear, and what they 
do fear, is, that in the execution of this treaty, measures will be 
taken which they must resist. How far the act of one of the par- 
ties putting its construction upon its own duties, and upon the 
obligations of its co-contractors, may involve these in any unlooked- 
for consequences, either by the adoption of similar measures, or 
by their rejection, I do not presume to judge. Certain it is, how- 
ever, that if the fact, and the principle advanced by Lord Aber- 
deen, are correct, that these treaties for the abolition of the slave 
trade can not be executed without forcibly boarding American 
ships at sea in time of peace, and that the obligations created by 
them confer not only the right thus to violate the American flag, 
but make this measure a duty, then it is also the duty of France to 
pursue the same course. Should she put this construction upon 
her obligations, it is obvious the United States must do to her as 
they will do to England, if she persist in this attack upon tlieir 
independence. Should she not, it does not become me to inves- 
tigate the nature of her position with respect to one of her asso- 
ciates, whose opinion respecting their relative duties would be so 
widely different from her own. But I may express the hope that 
the government of his Majesty, before ratifying this treaty, will 
examine maturely the pretensions asserted by one of the parties, 
and see how these can be reconciled, not only with the honor and 
interest of the United States, but with the received principles of 
the great maritime code of nations. I may make this appeal with 
the more confidence, from the relations subsisting between France 
and the United States, from a community of interest in the liberty 
of the seas, from a community of opinion respecting the i^rinciples 



OF LEWIS CASS. 433 

wliich guard it, and from a community in danger, should it ever 
be menaced by the ambition of any maritime power. 

"It appears to me, sir, that, in asking the attention of his Maj- 
esty's government to the subject of the quintuple treaty, with a 
view to its reconsideration, I am requesting nothing, on the part 
of the United States, inconsistent with the duties of France to 
other powers. If, during the course of the discussion upon this 
treaty, preparatory to the arrangement of its provisions, England 
liad asserted to the other parties the pretension she now asserts to 
the United States, as a necessary consequence of its obligations, I 
can not be wrong in presuming that France would not have signed 
it without guarding against this impending difficulty. The views 
of England are now disclosed to you, but, fortunately, before its 
ratification. And this change of circumstance may well justify 
the French government in interposing such a remedy as it may 
think is demanded by the grave interest involved in this question. 

" As to the treaties of 1831 and 1833, between France and Great 
Britain, for the suppression of the slave trade, I do not consider it 
my duty to advert to their stipulations. Their obligations upon 
the contracting parties, whatever these may be, are now complete ; 
and it is for my government alone to determine what measures 
the United States ought to take to avert the consequences with 
which they are now threatened, by the construction which one of 
the parties has given to these instruments. 

"•I have the honor to transmit, herewith, a copy of the message 
of the President of the United States to Congress, in December 
last, and of the annual documents which accompanied it. Among 
the latter will be found the correspondence between the British 
Secretaries of State and Mr. Stevenson, upon the subject herein 
referred to. From these you will learn the respective views of 
the American and British governments. 

•'It is proper for me to add, that this communication has been 
made without any instruction from the United States. I have 
considered this case as one in M'hich an American representative 
to a foreign power should act, without awaiting the orders of his 
government. I have presumed, in the views I have submitted to 
you, that I express the feelings of the American government and 
people. If, in this, I have deceived myself, the responsibility will 
be mine. As soon as I can receive dispatches from the United 
28 



434 LIFE AND TIMES 

States, in answer to my communications, I shall be enabled to 
declare to you either that my conduct has been approved by the 
President, or that my mission is terminated. 

" I avail myself, &c., 

"Lewis Cass. 
" His Excellency M. Guizot, 

" Minister of Foreign Affairs." 



OF LEWIS CASS. 435 



CHAPTER XXYIII. 

Disappoiutment of England— Tlie Washington Treaty— General Cass resigns liis Mission— The Corres- 
pondence — England's Construction of the Treaty. 

The British government, having ftiiled to secure the approval 
of its scheme by the Chamber of Deputies, was anxious to retreat 
with some appearance of honor ; and disdaining to appear before 
the world as entirely unsuccessful in her project, coupled with the 
wish to impress the other great powers with her sincerity and 
laudable motives in suggesting the quintuple treaty, sought an 
opportunity to open a negotiation relative to the slave trade with 
the United States. With this view, Lord Ashburton was sent as 
a special ambassador to Washington, clad with authority to adjust 
and definitely settle all matters of difference between the two 
countries. 

The negotiation was opened between his lordship and Mr. Web- 
ster, the Secretary of State, and a treaty concluded. Mr. Webster, 
in communicating this treaty to General Cass, in France, called 
his attention particularly to the clauses relating to the suppression 
of the African slave trade. The provisions of the treaty, in rela- 
tion to this branch of the negotiation, did not meet with the views 
of General Cass. He considered the omission to procure a renun- 
ciation of the offensive claim of England to the right of search, 
while engaged on this very subject, placed him in a false position, 
and rendered his situation, as Minister to France, unpleasant. 

With powers of mind which grasp, as it were, by intuition, every 
subject to which they are applied, united to various and extensive 
acquirements, he had exposed the mischief that lurked in the 
quintuple treaty ; he had shown that the whole eastern coast of 
America, south of the thirty-second degree of north latitude, came 
within its gigantic sweep. ]S^o vessel of the contracting parties \. 
could ever have been approaching New York, Boston, Philadel- 
phia, or Charleston, with a cargo from any part of the world, south 
of Savannah, without risk of being searched for slaves by British 
cruisers, the voyage stopped, and the vessel ordered to some British 



436 LIFE AND TIMES 

Court of Admiralty for adjudication. Almost beyond credibility, 
yet the words of the treaty prove it. The space for British search 
comprehended more than seventy degrees of latitude. Nay ; it 
might have been exercised upon all the vessels going to or from 
New Orleans, in the waters of the Gulf of Mexico. AVhat a blow 
to commercial pursuits was happily warded off' by the bold and 
unprecedented movement of General Cass ! He, by the stroke of 
his pen, as it were, foreclosed British supremacy on the high seas, 
and barred the door against her fanaticism there, that she might 
do her work more thoroughly and quickly on the land. He thus 
exposed himself to the wildest anti-slavery fanaticism of England, 
in the enlightened and fearless vindication of the rights of hia 
country, and wa& showered with calumnies by the tory press of 
Britain and defamatory peers in Parliament. Lord Brougham 
was mad with rage at the defeat of this portentous treaty by the 
talents, sagacity, and patriotism of General Cass. lie thundered 
from the tory benches, and exhausted the vocabularies of Johnson 
and Walker. And notwithstanding the American Minister had 
thus successfully performed his duty as an American ^M'nmtev 
should have done, and that, too, without feeling, at the time, that 
any very especial credit was due to his patriotism, and was thus 
exposed to the growl and roar of the British lion, still, it turned 
out, in the sequel, that he was not to escape indignity and injustice 
from his own government, in the person of Daniel Webster, the 
Secretary of State. The proof is on record, or we might M^ant 
iiiith in such a charge. It is contained in the correspondence 
between Mr. Webster and himself, transpiring after his return 
from France ; but never was retribution sooner brought about, as 
far as the parties were concerned, and his own victory over Mr. 
Webster was complete. No two judgments can diff'er about this. 
Tlie necessity that created this correspondence was the more pain- 
ful to General Cass, because they were classmates in youtii at 
Exeter, and always retaining for each other sentiments of respect 
and friendship ; indeed, each wishing for the other a prosperous 
voyage through life. Years afterwards, in personal intercourse, 
General Cass, from some remarks made by Mr. Webster, was led 
to doubt whether the latter did not, in all this matter, act from the 
promptings of others. Suffice it to say, that cordial intimacy be- 
tween them was re-established, and continued unbroken to the 
day of Mr. W.'s death ; and the eulogy pronounced by General 



OF LEWIS CASS.' 437 

Cass in the Senate, upon the death of Mr. Webster, evidences the 
warm personal sentiments he entertained towards him. Tlie flame 
that illumined the matchless intellect of the one, is already extin- 
guished in the silence of death ; and that of the other, in the 
ordinary course of nature, must, ere long, partake of the same 
destiny. And were it not necessary to a just appreciation of Gen- 
eral Cass' position and subsequent action relative to the Ashburton 
treaty, so called, the following letters would be omitted. As it is, 
we reproduce them. There would be a hiatus without them. 

[Mr. Cass to Mr. Webster.] 

" Legation of the United States, I 
"Paris, October 3d, 1842. / 

" Sm: — The last packet brought me your letter of August 29th, 
announcing the conclusion of a treaty with Great Britain, and 
accompanied by a copy of it, and of the correspondence between 
the ministers charged with the negotiations, and directing me to 
make known to Mr. Guizot the sentiments of the American gov- 
ernment upon that part of the treaty which provides for the co- 
operation of the United States in the efforts making to suppress 
the African slave trade. I thought I should best fulfill your 
intentions by communicating a copy, in extenso^ of your letter. 
This I accordingly did yesterday. I trust I shall be able, before 
my departure, to transmit to you the acknowledgment of its receipt 
by Mr. Guizot. 

" In executing this duty, I felt too well what was due to my 
government and country to intimate any regret to a foreign power 
that some declaration had not preceded the treaty, or some stipu- 
lation accompanied it, by which the extraordinary j^retension of 
Great Britain, to search our ships at all times and in all places, 
first put forth to the world by Lord Palmerston the 27th of August, 
1841, and on the 13th October following again peremptorily 
claimed as a right by Lord Aberdeen, would have been abrogated 
as equally incompatible with the laws of nations, and with the 
independence of the United States. I confined myself, therefore, 
to a simple communication of your letter. 

" But this reserve ceases when I address my own government, 
and connected as I feel my official conduct and reputation with 
this question of the right of search. I am sure I shall find an 
excuse for what might otherwise be considered presumption, if, as 
one of the last acts of my official career, I submit to you, and 



438 LIFE AND TIMES 

through you to the President, the peculiar circumstances in which 
I am placed by the conclusion of this treaty, and by the commu- 
nication of your letter to Mr. Guizot. 

" Before proceeding further, permit me to remark that no one 
rejoices more sincerely than I do at the termination of our diffi- 
culties with Great Britain, so far as they are terminated. That 
country and ours have so many moral and material interests 
involved in their intercourse, that their respective governments 
and inhabitants may well feel more than ordinary solicitude for 
the preservation of peace between these two great nations. Our 
past history, however, will be unprofitable, if it do not teach us 
that unjust pretensions, aifecting our rights and honor, are best 
met by being promptly repelled when first urged, and by being 
received in a spirit of resistance, worthy the character of our 
people, and of the great trust confided to us as the depositories 
of the freest system of government which the world has yet 
witnessed. 

''I had the honor, in my letter of the ITth ultimo, to solicit 
permission to return to the United States. That letter was written 
the day a copy of the treaty reached Paris ; and the remark which 
I then made to you, that ' I could no longer be useful here,' has 
been confirmed by subsequent reflection, and by the receipt of 
your letter, and of the correspondence accompanying it. I feel 
that I could no longer remain here honorably for myself, or 
advantageously for our country. 

"In my letter to you, of the 15th February last, transmitting a 
copy of my protest against the ratification of the quintuple treaty 
for the suppression of the African slave trade, I took the liberty 
of suggesting the propriety of demanding from Lord Ashburton, 
previously to entering into any negotiation, a distinct lenunciation 
of this claim to search our vessels. I thought then, as I do now, 
that this course was demanded by a just self-respect, and would 
be supported by that tribunal of public opinion which sustains 
our government when right, and corrects it when wrong. The 
pretension itself was one of tlie most flagrant outrages which 
could be aimed at an independent nation ; and the mode of its 
enunciation was as coolly contemptuous as diplomatic ingenuity 
could suo-o-est. We were told that to the doctrine that American 
vessels were free from the search of foreign cruisers in time of 
peace, ' the British government never could or would subscribe ; ' 



OF LEWIS CASS. 439 

and we were told, too, there was reason to expect that the United 
States would themselves become converts to the same opinion ; 
and this expectation was founded on the hope that ' they would 
cease to confound two things which are in their nature entirely 
different, and would look to things and not to words.' And the 
very concluding paragraph of the British correspondence tells 
us, in efiect, that, take whatever course we may please, England 
will adhere to this pretension to board our vessels when and where 
her cruisers may lind them. A portion of this paragraph is 
equally significant and unceremonious. ' It is for the American 
government,' says Lord Aberdeen, 'alone to determine what may 
be due to a just regard for their national dignity and national 
independence.' I doubt if, in the wide range of modern diplomacy, 
a more obnoxious claim has been urged in a more obnoxious 
manner. 

" This claim, thus asserted and supported, was promptly met 
and firmly repelled by the President, in his message at the com- 
mencement of the last session of Congress ; and in your letter to 
me, approving the course I had adopted in relation to the ques- 
tion of the ratification by France of the quintuple treaty, you 
consider the principles of that message as the established policy 
of the government. Under these circumstances of the assertion 
and denial of this new claim of maritime police, the eyes of 
Europe were upon these two great naval powers, one of which had 
advanced a pretension, and avowed her determination to enforce 
it, which might at any moment bring them into collision. So far 
our national dignity was uncompromised. 

" But England then uro-ed the United States to enter into a 
conventional arrangement by which we might be pledged to concur 
with her in measures for the suppression of the slave trade. Till 
then we had executed our own laws in our own way. But yield- 
ing to this application, and departing from our former principle of 
avoiding European combinations upon subjects not American, we 
stipulated, in a solemn treaty, that we would carry into effect our 
own laws, and fixed the minimum force we would employ for that 
purpose. Certainly, a laudable desire to terminate this horrible 
man-stealing and man-selling, may well justify us in going further 
in changing one of the fundamental principles of our policy, in 
order to effect this object, than we would go to effect any other. 
It is so much more a question of feeling than of reasoning, that 



440 LIFE AND TIMES 

we can hardly be wrong in yielding to that impulse which leads 
us to desire to unite our efforts with those of other nations for the 
protection of the most sacred human rights. But while making 
so important a concession to the renewed application of England, 
it seems to me we might well have said to her, before we treat 
upon this matter, there is a preliminary question connected with 
it which must be settled. We will do no act which may by any 
possibility appear to be a recognition of your claim to search our 
vessels. That claim has arisen out of this very subject, or, at any 
rate, this subject has been the pretext for its assertion; and if we 
now negotiate upon it, and our concurrence is yielded, you must 
relinquish as solemnly as you have announced this most offensive 
pretension. If this is not done by now making a conventional 
arrangement with you, and leaving you free to take your own 
course, we shall, in effect, abandon the ground we have assumed, 
and with it our rights and honor. 

" In carefully looking at the seventh and eighth articles of the 
treaty for our co-operation in the measures for the suppression of 
this traffic, I do not see that they can change, in the slightest de- 
gree, the pre-existing right claimed by Great Britain to arrest and 
search our vessels. That cl9,im, as advanced both by Lord Pal- 
merston and Lord Aberdeen, rested on the assumption that the 
treaties between England and other European powers upon this 
subject could not be executed without its exercise, and that the 
lia])])y concurrence of these poioers not only justified this exercise^ 
hut rendered it indispensable. By the recent treaty we are to keep 
a squadron upon the coast of Africa. "We have kept one there for 
years — daring the whole time, indeed, of these efforts to put a stop 
to this most iniquitous commerce. The effect of this treaty is, 
therefore, to render it obligatory upon us, by a convention, to do 
what we have long done voluntarily — to place our municipal laws, 
in some measure, beyond the reach of Congress, and to increase 
the strength of the squadron employed on this duty. But if a 
British cruiser meet a vessel bearing the American flag, where 
there is no American ship-of-war to examine her, it is obvious that 
it is quite as indispensable and justifiable, that the cruiser should 
search this vessel to ascertain her nationality, since the conclusion 
of the treaty, as it was before. The mutual rights of the parties 
are in this respect wholly untouched, their pretensions exist in full 
force ; and what they could do prior to this arrangement they 



OF LEWIS CASS. 441 

may now do ; for though they have respectively sanctioned the 
employment of a force to give effect ' to the laws, rights and 
obligations of the two countries,' yet they have not prohibited 
the use of any other measure which either party may be disposed 
to adopt. 

" It is unnecessary to push these considerations further ; and in 
carrying them thus far, I have found the task an unpleasant one. 
Nothing but justice to myself could have induced me to do it. I 
could not clearly explain my position here without this recapitu- 
lation. My protest of the 13th February distinctly asserted that 
the United States would resist the pretensions of England to search 
our vessels. I avowed, at the same time, that this was but ray 
personal declaration, liable to be confirmed or disavowed by my 
government. I now find a treaty has been concluded with Great 
Britain and the United States, which provides for the co-operation 
of the latter in efforts to abolish the slave trade, but which con- 
tains no renunciation by the former of the extraordinary preten- 
sion, resulting, as she said, from the exigencies of these very 
efforts ; and which pretension I felt it my duty to denounce to the 
French government. In all this I presume to offer no further 
judgment than as I am personally affected by the course of the pro- 
• ceedings ; and I feel they have placed me in a false position, 
whence I can escape but by returning home with the least possi- 
ble delay. I trust, therefore, that the President will have felt no 
hesitation in granting me the permission which I asked for. 

"I am, &c., 

"Lewis Cass. 
"Daniel Webster, 

" Secretary of State, Washington." 

General Cass, upon the receipt of the first intelligence of 
the ratification of the treaty made at Washington with Great 
Britain, resigned his mission, and in a dispatch under date 
of September 17th, 1843, requested the President's permission to 
return home, and apprised the Secretary of State that his inten- 
tion was to be ready to embark for the United States on the 
nineteenth of November following. The President, acknowledging 
the loss to this country, by the withdrawal of General Cass from 
the French court, reluctantly gave his consent. 

Mr. Webster, under date of November 14th, replied to the 
above letter of General Cass, but the same did not reach him at 



442 LIFE AND TIMES 

Paris. Upon reaching New York, a duplicate was delivered to 
him, and from the latter city he immediately addressed to Mr. 
"Webster the following rejoinder, 

[Mr. Cass to Mr. Webster.] 

New York, December lltli, 1842. 

" SiE. — Upon my arrival here yesterday, the duplicate of your 
letter of November 14th was delivered to me. I embrace the first 
moment in my power to acknowledge its receipt. 

" I am too well aware of what is due from me to the government 
to renew, or unnecessarily to prolong, the discussion of the sub- 
ject contained in my letter of October 3d. In submitting to you 
the views I entertained, I fulfilled a duty which, in my opinion, 
circumstances imposed upon me. But 1 should consider myself 
obnoxious to the censure of improper interference, with which you 
have not sparingly reproached me, but from which I trust I shall 
satisfy you I am free, did I seek to make my correspondence with 
the department the vehicle for obtruding my sentiments upon the 
government. Still, I am anxious not to be misunderstood, and 
more especially since you give me to understand that the commu- 
nications which have passed between us upon this subject are to 
be published, and thus submitted to the great tribunal of jniblic . 
opinion, w^hich will be called upon to decide respecting the course 
I have deemed it necessary to adopt, as well as the manner in 
which I have fulfilled this task. And as you have in several in- 
stances misapprehended my views, and adopting your reasoning 
to your constructions rather than to my sentiments, and as I have 
full confidence in your desire to do me justice, I must beg leave 
briefly to lay before you such considerations connected with my 
letter, r^nd your comments upon it, as are essential to a correct 
judgment between us. And first, with respect to the procedure 
on my part. 

" You object to my whole course of action in this matter, 
because it appears to you to be intended as a sort of protest 
ov remonstrance against a transaction of the government, &c. 

" I have been very unhappy in the mode in which I have 
expressed myself, if I am justly liable to this charge. My letter 
is not a protest or a remonstrance. It is a simple answer to a 
dispatch which I had the honor to receive from you. In your 
letter of August 29th, you communicated to me the views of the 



OF LEWIS CASS. 443 

President in relation to the treaty then recently concluded with 
England, and you also authorized me to make known these views 
to the French government. This I did, both in conversation and 
in writing. Here was a dispatch requiring my action, and which 
received it in good faith. But I did not coincide with you in 
opinion, respecting an important bearing of the treaty. I thought 
it left us in a worse position than it found us ; and so thinking, I 
deemed it my right and felt it my duty to lay before you the im- 
pression which the whole matter had left upon my mind. I did 
so, and the result is before you. Under these circumstances was 
I guilty of indiscretion or of an impertinent interference still more 
offensive, which it seems to me from the tone of your letter is the 
construction you put upon my action ? 

" This question will, perhaps, be but answered by another. Is it 
a duty of a diplomatic agent to receive all the communications of 
his government, and to carry into effect their instructions suh 
silentio^ whatever maybe his own sentiments in relation to them? 
Or, is he not bound as a faithful representative to communicate 
freely, but respectfully, his own views, that these may be consid- 
ered and receive their due weight in that particular case, or in 
other circumstances involving similar considerations ? It seems 
to me that the bare enunciation of this principle is all that 
is necessary for my justification. I am speaking now of the pro- 
priety of my action, not of the manner in which it was performed. 
I may have executed the task well or ill ; I may have introduced 
topics unadvisedly, and urged them indiscreetly. All this I leave 
without remark, I am only endeavoring here to free myself from 
the serious charge which you bring against me. If I have mis- 
apprehended the duties of an American diplomatic agent upon 
this subject, I am well satisfied to have withdrawn, by a timely 
resignation, from a position in which my own self-respect would 
not permit me to remain. And I may express the conviction that 
there is no government, — certainly none this side of Constanti- 
nople — which would not encourage, rather than rebuke, the free 
expression of the views of their representatives in foreign countries. 
But, independently of this general objection to all action on my 
part, you present 'another, perhaps still more formidable, but 
which is applicable only to the circumstances of this case. "With- 
out repeating in full the view you urge upon this part of the 
^^ subject, I shall condense the objection into the proposition that 



444 LIFE AND TIMES 

the expression of my sentiments to the government upon this 
occasion might induce England hereafter ' to rely upon my 
authority for a construction favorable to her own pretensions, and 
inconsistent with the interest and honor of the United States.' 

"In the first place, I would remark that I have written for my 
own government, and not for that of England. The publication 
of my letter wliich is to produce this result, is to be the act of the 
government, and not my act. But if the President should think 
that the slightest injury to the public interest would ensue from 
the disclosure of my views, the letter may be buried in the arch- 
ives of the department, and thus forgotten and rendered harmless. 

"But even were immediate publicity to be given to it, I know 
my own insignificance too well to believe it would produce the 
slightest influence upon the pretensions or the course of England. 
The English public, and especially the English statesmen, are too 
sagacious to need the suggestions of any foreigner, and too per- 
tinacious in the assertion of their claims to seek his authority for 
their support. When England, in her progress to that supremacy 
upon the ocean which has been the steady object of her ambition 
for centuries, and will continue to be so, abandons a single preten- 
sion after she has advanced it, then there may be reason to believe 
she has adopted a system of moderation, which may be strength- 
ened or weakened, as the opinion of others is favoi-able or unfa- 
vorable to her. There is no evidence that that time is near. But 
were it otherwise, does it follow that in all discussions between 
nations it is the duty of every man to believe his own government 
has attained every object which the interest or honor of the coun- 
try requires, or not believing it, to remain silent, and to refrain 
from all representations, either to the government itself or to the 
public, with a view to the ultimate correction of the error, and to 
the relief of his country from a false position? I must confess I 
do not carry my patriotic devotion thus far. I agree that when 
nations have appealed from argument to force, and when a war is 
raging, it is the duty of every citizen to put all other considera- 
tions behind him, and avoiding profitless and party discussions 
upon the past, to join with head, heart and hand to repel the com- 
mon foe. At such a time I would not speak words of censure 
even to my countrymen, lest I should be overheard by the enemy. 
And that this is not with me a barren doctrine, I trust I have 
given sufticient evidence in perilous times. But I was not prepared 



OF LEWIS CASS. 415 

for that excess of patriotic zeal (pardon me the expression, 
for such it appears to me,) which would carry this reserve into all 
the actions of the government, as well in peace as in wai*. I 
believe that in our recent treaty with England, sufficient precau- 
tion was not taken to guard against her claim to search our ships. 
This belief I entertain in common with many other citizens, in 
oflBce and out of office ; and I, as well as they, have expressed it. 
It has been declared in the Senate, in the public journals in every 
district of our country ; and I can not feel that this avowal of 
our sentiments, in whatever form it is made, whether official or 
unofficial, justly subjects us to the charge of taking a course 
which may hereafter enable other governments to ' set up new 
pretensions.' 

" Permit me now to advert to the serious cliarge you have 
made against me, of venturing upon a statement wliich is a tissue 
of mistakes. This statement you quote, and it is that part of my 
letter in which, after showing that, to a certain point of time, our 
national honor had been preserved inviolate, I proceed to show 
that the subsequent course of events had not been equally fortun- 
ate. I remark that England never urged the United States to 
enter into a conventional arrangement, by which the joint action 
of the two countries in the suppression of the slave trade might 
be secured. You pronounce this statement a mistake, and assert 
that the proposition came from our government. 

"That the particular mode in which the government should act 
in concert, as finally arranged in the treaty, was suggested by 
yourself, I never doubted, and if this is the construction I am to 
give to your denial of my correctness, there is no difficulty upon 
the subject. The question between us is untouched. All I said 
was, that England continued to prosecute the matter ; that she 
presented it for negotiation, and that we therefore consented to its 
introduction ; and if Lord Ashburton did not come out with 
instructions from his government to endeavor to effect some 
arrangement upon this subject, the world has strangely misunder- 
stood one of the great objects of his mission, and I have misunder- 
stood that paragraph in your first note, where you say that Lord 
Ashburton conies with full powers to negotiate and settle all 
matters in discussion between England and the United States. But 
the very fact of his coming here, and of his acceding to any stipu- 
lations respecting the slave trade, is conclusive proof that his 



446 s LIFE AND TIMES 

government were desirous to obtain the co-operation of the United 
States. I had supposed that our government would scarcely take 
the initiative in this matter, and urge it upon that of Great Brit- 
ain, either in "Washington or London. If it did so, I can only 
express my regret, and confess that I have been led inadvert- 
ently into an error. 

" You then proceed to remark, in continuation of this tissue of 
mistakes, that in entering into this arrangement, the United States 
did not depart from the principle of avoiding European combina- 
tions upon a subject not American, because the abolition of the 
slave trade is equally an American and European subject. This 
may be so. I may be wrong in the application of the principle, 
but such an erroneous conclusion scarcely justifies the epithet of 
an adventurous statement^ one of a tissue of mistcikes. But, apart 
from this, I still think that combinations of this kind are among 
the ' entangling alliances ' against w^hich the great statesman, 
whose exposition of our Constitution will go down to j^osterity 
with the instrument itself, warned his countrymen ; and the per- 
petually recuri'ing difficulties which are present'ng themselves in 
the execution of conventions between France and England upon 
this subject, should be a caution to nations against the introduc- 
tion of new maritime principles, whose operations and results it is 
difiicult to foresee. 

" But is the sui^pression of the African slave trade one of those 
American objects in the attainment of which we ought to seek the 
co-operation of other nations, and regulate our own duties and 
theirs by treaty stipulations ? I do not think so. In the first 
place, the principle would necessarily lead us to form alliance with 
every maritime nation. It is not England alone whose flag rides 
over the seas. Other countries must co-operate, if any co-opera- 
tion is necessary ; and if we have made propositions to England 
to join us in this eflfort, I do not see why we stop there, and de- 
prive ourselves of the aid which the action of other nations would 
aflbrd. I doubt if the people of this country are prepared for 
such extensive combinations. 

" But again, while fully agreeing with you in all the odium you 
cast upon that infamous traffic, it appears to me that any object 
interesting to humanity, and in which nations may with propriety 
engage, has the same claim, if not in degree, at least in principle, 
upon our interference, and calls upon us for a union with other 



OF LEWIS CASS. 447 

nations to effect it. It may be easily seen, not where such a doc- 
trine would conduct us — tbat escapes human sagacity — but to- 
wards what ruinous consequences it leads. 

"You conclude this branch of the subject, by informing me 
that you are directed by the President to bring to my ' serious con- 
sideration and reflection, the propriety of such an assumed narra- 
tion of facts, as your dispatch in this respect puts forth.' I shall 
not say one word to give the President any cause of offense, and, 
if I felt that I was justly obnoxious to this censure, I should sub- 
mit to the rebuke in silence. He would have a right to make it, 
and it would be my duty to acquiesce ; but I have that confidence 
in his innate love of justice, that he will receive my explana- 
tions, and judge me by my words, and not by unauthorized con- 
structions. 

" Now, in all that I have said in the paragraph to which you 
allude, and which you have so strongly qualified, you have pointed 
out but one fact as erroneous, and that is the assertion that the 
introduction of the subject of the slave trade into the treaty, was 
due to the application of England ; and whether even this was an 
error, depends upon the construction to be given to your expla- 
nation. All else — I repeat it — all else, to the very least idea, is 
matter of inference ; it is my deduction from the circumstances 
of the case. I may be right or wrong, logically, in the conclusions 
I have reached, but certainly I am not morally responsible for 
their correctness, as I should be if I asserted merely naked facts. 
It is, therefore, with not a little astonishment I have read and 
re-read what I wrote, and the commentary you have been pleased 
to make upon it. It is neither necessary nor proper that I should 
renew the general subject of my letter, and therefore I do not feel 
it my duty to trouble you with any remarks resjjecting the views 
you have presented me, of the pretensions of the British govern- 
ment to search our ships ; but, when you proceed to array me 
against myself, I must claim the right to vindicate my own con- 
sistency. You quote me, and quote correctly, as saying that up 
to the delivery of the annual message of 1841, our national dig- 
nity was uncompromised. You then ask what has since occurred 
to compromise this dignity ? and you add, emphatically, that I 
shall myself be the judge of this, because in a subsequent part of 
my dispatch, I say the mutual rights of the parties are wholly 
unchanged ; and you ask if they are unchanged, what ground 



448 LIFE AND TIMES 

there is on wbich to found a complaint against the treaty? I 
think that a very brief retrospect will be the best answer I can 
give to this question, and that it will redeem me from the implied 
charge of inconsistency. 

" I never said nor intimated in my dispatch to you, nor in any 
manner whatever, that our government had conceded to that of 
England tlie right to search our ships. That idea, however, per- 
vades your letter, and is very apparent in that part of it which 
brings to my observation the possible effect of my views upon the 
English government; but in this you do me, though I am sure un- 
intentionally, great injustice. I repeatedly stated that the recent 
treaty leaves the rights of the parties as it found them. My difficul- 
ty is not that we have made a positive concession, but that we have 
acted unadvisedly in not making the abandonment of this preten- 
sion a previous condition to any conventional arrangement upon 
the general subject. I had supposed till I read your letter, that 
this view was too distinctly expressed in my dispatch to admit of 
any misconstruction. I will condense into a small space what I 
deem it necessary to say in defense of my consistency. 

" England claimed the right, in order, as she said, to carry into 
effect certain treaties she had formed for the suppression of the 
slave trade, to board and search our vessels upon the high seas 
wherever she might find them. Our government, with energy and 
promptness, repelled this pretension. Shortly after, a British am- 
bassador arrived in our country, having powers to treat upon this 
matter of the slave trade. The negotiation terminated by an ar- 
rangement which secures the co-operation of the United States 
in the efforts that England is making upon this subject ; but not 
a word is said upon the serious claim that subjects to the naval 
inquisition of a commercial rival our ships, which the enterprise 
of our merchants is sending to every part of the globe, and yet 
this claim arises out of the very subject matter embraced in this 
treaty. We negotiate with England for the suppression of the 
slave trade, at the very moment her statesmen are telling us, in no 
measured terms, that to suppress it she will violate our flag, and 
that she will never give up this pretension. 

" Now here, it appears to me, the government should have 
stopped. The English negotiator should have been told, ' We 
abhor as much as you do the traffic in human beings, and we will 
do all that our peculiar institutions permit to put an end to it; 



OF LEWIS CASS. 449 

but we win not suffer this matter to be made a pretext for wound- 
ing our honor and violating our rights; we will not take a single 
step till you renounce this claim; we have denounced it already; 
and if we should negotiate upon the subject matter without settling 
this preliminary question, it may seem like an abandonment of 
the ground we have taken, or an indifference to the conse- 
quences.' 

" Had this course been pursued, the sincerity of the British 
government would have undergone a practical test, from which 
there would have been no escape. It would not have been neces- 
sary to quote the last dispatch of Lord Aberdeen, to show what 
he meant in another, or Lord Palmerston in the first. If such a pro- 
position had been made and accepted, our honor would have been 
vindicated, our rights secured, and a bright example of sincerity 
and moderation would have been given to the world by a great 
nation. If it had been rejected, that would have proved that our 
co-operation in the suppression of the slave trade was a question 
of minor importance, to be sacrificed to the preservation of a pre- 
tension intended to introduce an entire change in the maritime 
police of the world. 

" Why this very obvious course was not adopted, I am utterly 
at a loss to conjecture; and that it was not, is precisely the objec- 
tion to which the whole arrangement is liable. Instead of the 
high ground we should then have occupied, we now find ourselves 
seriously discussing the question whether or not England will en- 
force this claim. That she will do so when her interest requires it, 
I have no more doubt than I have that she has already given us 
abundant proof that the received code of public law is but a feeble 
barrier when it stands in the way of power and ambition. Lord 
Palmerston and Lord Aberdeen both tell us she will, 

" You refer to that part of my letter in which I observe that the 
effect of the new stipulation is to place our municipal laws, in 
some measure, beyond the reach of Congress, and remark that 
such is often the effect of commercial treaties. It is so, and we 
can only expect to obtain commercial advantages by stipulations 
for corresponding advantages, which, while they endure, are be- 
yond the reach of ordinary legislation. This is a matter of neces- 
sity. But this necessity does not exist in the punishment of 
crimes. We are able to enforce our own laws; and I do not see 
that the power to enforce those of England gives us any just 

2ld 



450 LIFE AND TIMES 

compensation for j^ermittinp^ her to interfere in our criminal code, 
whether the ofiense is committed upon the land or upon the water. 
It seems to me a principle fraught Mnth dangerous consequences, 
and which a prudent government had better avoid. 

"There is but one other topic which I consider it necessary to 
advert to, but that is an important one, and I pray your indul- 
gence while I briefly allude to it. 

" You speak of the ratification of the treaty by the President 
and Senate, and add, that it does not appear to you that I had 
any grounds of complaint because their opinion was at variance 
with mine. I submit that this is making an issue for me which I 
have not made for myself. In no part of my letter will be found 
the slightest imputation upon the President or Senate, for the rat- 
ification of this treaty. I could not make such an imputation, 
for the plain reason that I never censured the ratification. I am 
under the impression that if I had had a vote to give, I should 
have been found among the majority upon that occasion. This, 
however, would have been upon the condition that some declara- 
tion should be annexed to the act of ratification, denouncing the 
pretension to search our ships. I would then have sent the in- 
strument to the British government, and placed upon them the 
responsibility of its final rejection or ratification; and I am sure 
we should have had the opinion of the world with us under such 
circumstances. 

"The rejection of a treaty duly negotiated, is a serious question, 
to be avoided, whenever it can be without too great a sacrifice. 
Though the national faith is not actually committed, still it is 
more or less engaged ; and there were peculiar circumstances, 
growing out of long-standing difficulties, which rendered an ami- 
cable arrangement of the various matters in dispute witli England 
a subject of great national interest. But the negotiation of a 
treaty is a far different subject. Topics are omitted or introduced 
at the discretion of the negotiators, and they are responsible, to 
use the langiiao-e of an eminent and able Senator, for ' what it 
contains and what it omits.' This treaty, in my opinion, omits a 
most important and necessary stipulation, and therefore, as it 
seems to me, its negotiation in this particular was unfortunate for 
the country. 

" In conclusion, I beg you to tender the President my thanks 
for the kind appreciation he made of my services in the letter of 



OF LEWIS CASS. 451 

recall, and to express to biin my hope that, on a full consideration 
of the circumstances, he will be satisfied that, if my course was 
not one he can approve, it, at all events, was such as to relieve 
me from the charge of an improper interference in a subject not 
within the sphere of my duties. 

" I must pray you, as an act of justice, to give the same pub- 
licity to this letter that you may give to my letter of October 3d, 
and to your answer. 

"Very respectfully, ifec, 

"Lewis Cass. 

" Hon. Daniel Webster, 

" Secretary of State." 

The foregoing letters were made public by a call of the Senate 
upon the President for the correspondence relating to the quintu- 
ple treaty. When General Cass was at Washington, upon his 
return to this country, which was after the receipt, by the Secre- 
tary of State, of his letter of December 11th, 1842, he supposed 
that the controversy between himself and Mr. Webster was at an 
end. He saw the Secretary of State on several occasions, and no 
intimation to the contrary was made by that officer. In February 
he left Washington, and returned to Detroit. On the seventh of 
March following, to his great surprise, he received a communica- 
tion from Mr. Webster, post-marked Washington, February 23d, 
1843, but bearing date December 20th, 1842, and, at which last 
date, General Cass was at Washington. Having received no 
answer while there, or intimation that there would be any to his 
letter of December 11th, 1842, he considered, and so stated, that 
the correspondence was terminated. But this last communication 
of Mr. Webster opened it afresh, although evidently ante-dated 
some two months. It is fair to infer that Mr. Webster, desirino- 
to have the last word, prepared and published, with the official 
correspondence, a reply to General Cass' letter of December 11th, 
and which was not seen by the General until the following March, 
and to which, of course, he had no opportunity of replying, prior 
to the authoritative call of the Senate for the correspondence. This, 
certainly, was a singular proceeding, and, to use the miWest term, 
very disingenuous. It compelled General Cass again to appear 
before the public with the following rejoinder : 



452 LIFE AND TIMES 

"Detroit, March 7th, 1843. 

"Sir: — ^I have just received your letter dated December 20th, 
1842, and post-marked 'Washington, February 23d, 1843,' which 
commences by stating that my letter of the 11th instant (that is, 
my letter of December 11th, 1842,) had been submitted to the 
President. 

" I had no desire to continue the correspondence which has 
arisen between us. I had said all I felt called upon to say in my 
own defense, and I had determined there to leave the subject. 
This determination I expressed to you immediately before I left 
AVashington in January, when you intimated to me that you should 
probably answer my letter of December 11th. . I should not have 
dej^arted from this resolution had I not felt it due to myself that 
the actual date of the receipt of your letter should be established. 
I have reason to suppose that the correspondence between us has, 
ere this, been submitted to Congress, and that it will thus come 
before the nation. Your late letter has, no doubt, made part of 
these documents, and persons reading it may well suppose it was 
written the 20th of December last, and received by me while I was 
yet at Washington. 

"The error will, no doubt, be readily explained at the Depart- 
ment, for I need hardly say I am sure it was unintentional. But, 
in the meantime, it may do me serious injury; for, while at the 
seat of government, where this correspondence was well known, 
I more than once stated that my letter of December 11th Wob 
unanswered. 

" It is essential, therefore, to me, that it should be known that 
this statement was true ; and this can now only be done by spread- 
ing the correction as widely as the error has been spread. 

"This is my first and principal reason for again writing to you, 
and, without this reason, I doubt if I should have broken the 
silence I intended to keep, though there are passages in your 
letter that might well have induced me to depart from this reso- 
lution. The correspondence has already grown to an unreason- 
able length, and I am very unwilling to prolong it ; but, as I am 
compelled to write, from the circumstances adverted to, I shall, 
without further apology, proceed to examine some of the topics 
presented in your last letter, and, also, to call to your observation 
some very ofiensive remarks contained in your dispatch of No- 
vember 14th, and, to my surprise, repeated in the recent one. 



OF LEWIS CASS. 45 



Q 



Before doing this, however, I shall advert to one view presented 
in the November letter, and which the haste with which my reply 
was written prevented me from considering. 

"Even if I had entertained a desire still further to discuss the 
questions which have arisen between us out of the treaty of Wash- 
ington, the course which events, connected with that treaty, are 
now taking, would have rendered such a measure wholly unne- 
cessary for any purpose I had originally in view. All I feared and 
foretold has come to pass. The British pretension to search our 
ships, instead of having been put to rest, has assumed a more 
threatening and imposing form, by the recent declaration of the 
British government that they intend to enforce it. As you already 
know, the 17th of last September, the very day I read the treaty 
in a New York paper, I solicited my recall. I stated to you I felt 
that I could not remain abroad honorably for myself nor usefully 
for our country ; and that I considered the omission of a stipula- 
tion in that treaty, which settled the African slave trade question, 
to guard against the right of search or visitation, or by what other 
name it may please the British government and country to express 
this claim to violate our flag and to board our vessels, as a fatal 
error, considering, particularly, that this pretension had been first 
put forth and justified in connection with that traffic. And so 
viewing the subject, I felt that the course I had taken in France, 
in opposition to the ratification of the quintuple treaty, which was 
intended to engraft this principle upon the law of nations, had not 
been supported by the government as I thought it should have 
been. 

"In my protest to M. Guizot, of February 13th, 1842, I had 
staked my diplomatic situation and character upon this support, 

" Your letter of April 5th, 1842, conveyed the President's ap- 
proval of my conduct, and this you consider, in your letter of 
November 14th, 1842, as taking from me all further responsibility. 

" You say that ' having delivered my letter to M. Guizot, and 
having read the President's approbation of that proceeding, it is 
most manifest that you could, in no degree, be responsible for 
what should be done afterwards, and done by others.' You add, 
as a corollary from this proposition, that ' the President, therefore, 
can not conceive what particular or personal interest of yours was 
affected by the subsequent negotiation here, or how the treaty, the 
result of that negotiation, should put an end to your usefulness as 



454 LIFE AND TIMES 

a public minister at the court of France, or in anyway affect your 
official character or conduct.' 

" Tiie answer to this is so obvious, that I can not but express my 
surprise that it has escaped your observation. A diplomatic agent, 
without instructions, takes a responsible step, which he thinks 
called for by the honor and interests of his country. He states 
that he acts without the knowledge of his government, and that, 
if unsupported, he must return home. You think that the appro- 
val of his course by his own government absolves him from all 
further responsibility, and that, happen what may, his honor and 
usefulness are unimpaired. My opinion is far different. If his 
government approve his course upon paper, and abandon, in effect, 
the measures he advocates, he can not represent his country as his 
country ought to be rej^resented abroad. And I may safely add, 
that no man, fit to be sent upon a foreign mission, would hesitate 
a moment as to the course he ought to pursue. He would not 
entrench himself behind his paper approval, for, if he did, he 
would hear words of reproach respecting his government, which 
no man of honor could submit to. In my case you approved my 
proceedings, but, as I say and believe, you did not guard against 
this pretension of England to search our ships, which occasioned 
my interposition, as it should have been guarded against ; and 
thus, in fact, left me unsupported. 

" It is by this j^rocess of feeling and reasoning that I reached 
the conclusion you censure in no measured terms ; and I trust you 
will now see 'how the treaty, the result of that negotiation, should 
put an end to my usefulness as a public minister at the court of 
France.' 

" It put an end to it because I said the American government 
would resist the right of search. The government said the same 
thing, but, unfortunately, went on to make a treaty respecting the 
slave trade, with England, without saying a word about this pre- 
tension, at the very time England had announced to the world 
that she would search our ships, in order to carry into effect the 
treaties she had negotiated with other nations upon this very sub- 
ject matter. And now I am gravely told tliat I might have 
remained, after this, the representative of my country, because my 
official conduct and character were not affected. 

" I am not considerino- which of us is riffht in his view of the 
proper course of the government respecting this treaty. I lay that 



OF LEWIS CASS. 455 

out of the question. I contend that, in my opinion, I was not 
sufficiently supported, and tliis being so, that I ought to have re- 
turned. You contend that my opinion has nothing to do with the 
matter ; that the government took upon itself the responsibility, 
and therefore, even if a treaty had afterwards been negotiated 
'containing provisions in the highest degree objectionable, how- 
ever the government might be discredited,' the minister was free; 
and that his ' usefulness ' could not be thereby affected. 

"I shall not argue this point with you. It is a question of 
feeling, quite as much as of reasoning, and he who would remain 
at a foreign court under these circumstances, to represent a 'dis- 
credited ' government, has no sentiments in common with me upon 
the subject. You state in your letter, dated December 20th, that 
a declaration guarding against this claim to search our vessels 
would have been ' no more suitable to this treaty than a declaration 
against the right of sacking our towns in time of peace, or any 
other outrage.' You enlarge upon this proposition, and, in fact, 
a considerable portion of your letter is occupied with the defense 
of the omission of such a declaration. You suppose I had 
advanced the idea ' that something should have been offered to 
England as a benefit, but coupled with such a declaration or 
condition, as that, if she received the boon, it would have been 
a recognition by her of a claim, which we make as a matter of 
ri2;ht.' 

" You add, that the President, satisfied of the justice of the 
American doctrine, has ' avoided to change this ground, and to 
place the just right of the country upon the assent, express or 
implied, of any power whatever.' 'The government thought no 
skillfully extorted promises necessary in any such cases,' &c. All 
this, and much more in your letter upon this topic, appear to me 
very extraordinary, I never made a suggestion of the nature you 
suppose. I never, for a moment, presumed the government would 
hold out to England a consideration for the disavowal of this 
pretension. What I really said, I will here repeat, from my letter 
to you of February 15th, 1842; but, before quoting the paragrapli, 
I will make a quotation from what immediately precedes, to show 
that I had a correct notion of what would be the course of Eng- 
land. Tiie holy Chinese war is ended, and the British army has 
withdrawn to the east of the Indies. The^>a^i!(?rw republic^ as we 
are contemptuously called, can now be attended to. 



45G LIFE AND TIMES 

"After sliowine: that tliis pretension to search onr ships is a 
claim to which this country can never submit, I remark: 'The 
next question is, will England yield?' 'It is our safer course to 
believe she will not, and, looking to her line of policy, that, too, 
is our natural course. Wherever she has planted a foot, whether 
on marsh, moor, or mountain, under the polar circles as under the 
tropics — I will not say never ^ that word does not belong to the 
deeds of man — but rarely has she withdrawn it. "Whenever she 
has asserted a pretension, she has adhered to it, through good 
report and through evil report, in prosperity and in adversity, 
with an iron will and a firm hand, of which the history of the 
world affords no equal example since the proudest days of the 
Koman empire,' &e. ; 'and the time has come when we must look 
her designs in the face, and determine to resist or to yield. "War 
is a great evil, but there are greater evils than war, and among 
these is national degradation. This we have never yet experienced, 
and I trust we never si; all.' 

"'If Lord Ashburton goes out with such modified propositions 
upon the various questions now pending between the two govern- 
ments as you can honorably accept, the result will be a subject of 
lasting gratification to our country. And more particularly if, as 
I trust, before entering into any discussion, he is prepared to give 
such explanations as will show, that we have misunderstood the 
intentions of the British government respecting this claim of a 
rieht to change the law of nations, in order to accommodate it to 
their treaty stipulations and its practical consequences — a claim 
to enter and search our vessels at all times and in all places — this 
preliminary proceeding would be worthy of the gravity of the 
circumstances, and equally honorable to both governments.' 

" Whether, in all I said above respecting the tenacity of Eng- 
land in the prosecution of her claims, new or old, I was justified 
by the characteristic traits of her history, let me be judged by the 
late emphatic declaration of the chief of the British cabinet, made 
to the House of Commons, and through them to the world ; and 
which, we are significantly told, was cheered by both sides of the 
House ; and whether I am right in saying that I never thought of 
proposing that a 'benefit' should be offered to England for the 
relinquishment of this pretension, as you alledge, let me be judged 
by my own words. 



OF LEWIS CASS. 457 

" My letter of December 11th is in accordance with these views. 
After stating the nature of this claim, I continue : 'Now here, it 
appears to me, the government should have stopped. The English 
negotiator should have been told, We abhor as much as you do 
this traffic in human beings, and we will do all our peculiar insti- 
tutions permit, to put an end to it. But we will not suffer this 
matter to be made the pretext for wounding our honor and violat- 
ing our rights. We will not take a single step, till you have 
renounced this claim. We have already denounced it; and if we 
should negotiate upon this subject matter, without settling this 
preliminary question, it would seem like an abandonment of the 
ground we have taken, or an indifference to the consequences.' 

"This last paragraph touches, in my opinion, the true issue 
between us of this part of the controversy. You say that the 
insertion of a declaration against the right of search ' would have 
been no more suitable to this ti'eaty, than a declaration against 
the right of sacking our towns in time of peace,' &c., &c. ; and 
hence draw the conclusion that its omission was both honorable 
and politic. As this sin of omission is the principal charge I make 
ag^iinst this treaty, and as it is the one you labor most earnestly 
to reason away, I must be permitted again briefly to refer to it. 

"The British government, in order, as they said, to execute 
certain treaties they had formed for the suppression of the slave 
trade, claimed the right to board and examine American ships. 
The American government denied this pretension, and thus stood 
the parties before the world. Then comes a British negotiator to 
our shores, to settle the subjects in difference between the two 
countries. Two of these are settled. One is this slave trade 
question — the very question which gave rise to the monstrous 
pretension that is preparing for us so much trouble. And this is 
distinctly admitted in the President's message, which states that, 
'after the boundary, the question which seemed to threaten the 
greatest embarrassment was that connected with the African 
slave trade.' 

"You negotiated upon the subject matter, knowing the construc- 
tion the British government had given to its other slave trade 
treaties, and knowing, what is clear in itself, as stated in my let- 
ter of October 3d, 1842, and what Sir Robert Peel has now fully 
confirmed, that 'if a British cruiser meet a vessel bearing the 
American flag, where there is no American ship to examine her. 



458 LIFE AND TIMES 

it is obvious that it is quite as indlspensaUe and justifiable tliat 
the cruiser should search tliis vessel to ascertain her nationality, 
since the conclusion of the treaty, as it was before.' The error, 
therefore, was in negotiatinej upon this very subject, leaving' to 
the other party to say, we have concluded an arrangement respect- 
ing the slave trade with you, since our mutual pretensions con- 
cernino- the risht of search have been made known; you were 
aware that our claim arose out of that subject, and, as you liave 
not iruarded against it, we shall enforce it. 

" As to the analogy between such a claim and one to sack a 
town in time of peace, it is a sufficient answer to say, that when 
such a pretension is solemnly put forth to the world by England, 
I shall think any government deserving the severest reprobation, 
which would go on and negotiate upon a subject matter connected 
with the origin of such a claim, without sufficient security against 
it; more particularly if, as in this case, the subject matter relates 
to a question of general benevolence, urged upon us, no doubt, by 
the most philanthropic motives, but which no just principle requires 
us to intermeddle with, at the sacrifice of the first attributes of 
our independence. 

" You make some remarks upon the impropriety of requiring 
from any nation a solemn renunciation of an unjust pretension, 
and you proceed to observe that the President ' has not sought, 
but, on the contrary, has sedulously avoided, to change the ground 
and to place the just rights of the country upon the assent, ex- 
press or implied, of any power whatever.' 'The government 
thought no skillfully extorted promises necessary in any such 

cases.' 

" As to the extortion of promise, it is a question of ethics, which 
has no place here. As to the propriety of requiring a nation 
formally to disavow an unjust pretension before entering into a 
negotiation with her, or, if she will not do so, of then telling her, 
we" shall stand upon our public denial of your claim, and will not 
negotiate with you, it seems to me that such a course is equally 
honorable and politic. Is not diplomatic history full of tliese 
'efforts to procure such disavowals ? and who before ever expressed 
a doubt of the policy of these measures ? Have we not, time 
after time, endeavored to induce England to stipulate, that she 
would not impress seamen from our ships? And did you not, in 
the course of the late negotiation with Lord Ashburton, strive 



OF LEWIS CASS. 



459 



to procure the solemn abandonment of this claim? There is con- 
clusive proof of this in your letter to the British Minister, of Au- 
gust 8th, 18*2, where you say, after having conversed with him, 
that 'the government of the United States does not see any utility 
in opening such negotiation, unless the British government is 
prepared to renounce the practice in allfutiire wars.'' 

" You remark, also, in the same letter, that ' both before and 
since the war, negotiations have taken place between the two gov- 
ernments, with the hope of finding some means of quieting these 
complaints' (of impressment). You allude, also, to the conven- 
tion formed for this purpose by Mr. King, in 1803, and to the 
' utter failure of many negotiations upon this subject.' 

"Were all these fruitless efforts, so long carried on, liable to the 
objection you raise, that any nation, calling upon another to disa- 
vow an unjust pretension, weakens its own cause, and 'that no 
interpolation of a promise to respect them, (that is, our rights and 
dignity,) ingeniously woven into treaties, would be likely to afibrd 
such protection.' 

" Now, what becomes of the analogy you seek to establish, and 
which, by a reductio ad absurdum, is intended to show that these 
conventional disavowals of contested pretensions are 'skillfully 
extorted promises,' inconsistent with our dignity and interests? 
What becomes of the claim to sack our towns in time of peace, 
and of ' protests,' which you liken to Chinese figures painted on 
cities, to frighten away the enemy ? 

"From the time of Washington to this day, almost every ad- 
ministration has sought to procure from the British government 
a solemn relinquishment of her claim to impress our seamen, and 
never before was it discovered that the eftbrt was unworthy and 
dishonorable. 

"And, during all the period of the long war between England 
and France, at the close of the last century and at the beginning 
of this, when the laws of nations and the rights of neutrals were 
equally contemned, how many attempts were made by our gov- 
ernment to induce that of Great Britain to abandon her unjust 
pretensions, and to stipulate that she would no more exercise 
them? and that, too, for a 'boon.' Our public documents are 
filled with proofs of this. 1 shall refer to one or two, which even 
you will deem conclusive. 

"In a letter from Mr. Madison to Messrs. Monroe and Pinkney, 



460 LIFE AND TIMES 

dated May 20th, 1807, our negotiators are told that, ' without a 
provision against impressment, substantially such as is contem- 
plated in your original instructions, no treaty is to be concluded.' 
" Again, in a letter from Mr. Madison to Mr. Monroe, dated 
January 5th, 1804, the former remarks that 'the plan of a con- 
vention, contemplated by the President, is limited to the cases of 
impressment of our seamen, of blockades, of visiting and search- 
ing OUT vessels^ of contraband of war, and of the trade with hostile 
colonies, wuth a few other cases, affecting our maritime rights, 
embracing^ however^ as iticliicemei^ts to Great Britain to do us 
justice therein, a provision for the surrender of deserting seamen 
and soldiers, and for the prevention of contraband supplies to her 
enemies.' 

" Then follows the plan of a convention for these purposes. 
" And this j^roject was the work of Mr. Madison, directed by 
Mr. Jefferson, and addressed to Mr. Monroe. The 'rights and 
dignity ' of the United States were as safe in their hands as they 
will ever be in mortal hands. And even if I had recommended, 
as I have not, a ' boon,' or ' favor,' or ' benefit,' to be given to 
England, in consideration of her relinquishment of this offensive 
claim, I should not have wanted higher precedents to justify me. 
" You object to the suggestion I made, that a declaration should 
have accompanied the ratification of the treaty, denying the right 
to search our ships ; and you ask, apparently emphatically, if 
this had been done, and if the British 'government with equal 
ingenuity Iiad appended an equivalent written declaration that it 
should not be considered as sacrificing any British right, how 
much more defined would have been the right of either party, 
or how much more clear the meaning and interpretation of the 
treaty ! ' 

" I am very unwilling to believe you do not wish to deal sin- 
cerely with me in this matter; and I must, therefore, attribute the 
strange error you have committed in the construction of my lan- 
guage, to a hasty perusal of it. Had you read it with due care, 
you would have found that I spoke not of an ex jMrte declaration, 
but of a declaration mutually assented to, and which thereby 
would have become a portion of the treaty: a declaration, putting 
a construction upon the instrument, which would thus have been 
ratified with a knowledge of it. After meeting your assertion, that 
the tendency of my letter was to impute blame to the President 



OF LEWIS CASS. 



461 



and Senate for tlie ratification of the treaty, and showing tliat 
it was not the ratification but the negotiation I censured, I add, 
' I am under the impression, if I had had a vote to give, I should 
have been found among the majority upon that occasion. This, 
however, would have been upon the condition that some declara- 
tion should be annexed to the act of ratification, denouncing the 
pretension to search our ships. I would thus have sent the instru- 
ment to the British government, and placed upon them the 
responsibility of its final rejection or ratification, and I am sure 
we should have had the opinion of the world with us under such 
circumstances.' I need add nothing to this branch of the subject. 
It is clear, that I spoke here of a conditional ratification, depend- 
ing upon the assent to be given by the other party to the declara- 
tion concerning the claim of search. There would have been here 
no room for the diplomatic retort you suggest. There could have 
been no counter declaration, for then the whole arrangement 
would have been void. As I said in my letter of December 11th, 
'Had this course been pursued, the sincerity of the British 
o-overnment would have undergone a practical test, from which 
there would have been no escape. It M'ould not have been 
necessary to quote the last despatch of Lord Aberdeen to show 
what he meant in another, or Lord Palmerston in the first. If 
such a proposition had been made and accepted, our honor would 
have been vindicated, our rights secured, and a bright example of 
sincerity and moderation would have been given to the world by 
a great nation. If it had been rejected, that would have proved 
that our co-operation in the suppression of the slave trade was a 
question of minor importance, to be sacrificed to the preservation 
of a pretension intended to introduce an entire change into the 
maritime police of the world.' ' Why this very obvious course 
was not adopted, I am utterly at a loss to conjecture; and that it 
was not, is precisely the objection to which the whole arrangement 
is liable. Instead of the high ground we should then have 
occupied, we find ourselves seriously discussing the question 
■whether or not England will enforce this claim.' 

"There was a very uncourteous tone pervading your letter to 
me of November 14th, 1842 ; a kind of ofiicial loftiness, which, 
however it may suit other meridians, does not belong to an 
American functionarj writing to an American citizen. My answer 
to that letter was very hastily written. It was prepared, as you 



462 ■ LIFE AND TIMES 

will perceive by the date and by your receipt of it, the very day 
the postmaster of New York handed me your communication. 

"I was aware that the subject ouo;ht to occupy more time, and 
that justice was not done to it. But you had intimated pretty 
distinctly in your letter, that our correspondence was to be pub- 
lished, and I was apprehensive it might, somehow or other, find 
its way to the public before I could correct the erroneous impres- 
sion which your letter was calculated to produce. Under these 
circumstances, my attention was drawn to the general course of 
reasoning, rather than to the mode in which this was conveyed ; 
and, although there were one or two paragraphs, so plainly 
uncourteous, that they could not escape my observation, still I 
passed them by, having little taste for a war of words ; but, in 
your letter dated December 20th, and received February 23d, 
these offensive expressions are repeated, and the same process is 
adopted to prove me guilty of misstatement, which is contained 
in the preceding letter. I met this attempt at that time without 
any reference to the language which you used; I shall meet it 
again ; but I shall take leave to precede my defense by reminding 
you of the comity which an American Secretary of State owes to 
his countrymen. You say 'the President is not a little startled 
that you should make such totally groundless assumptions of fact, 
and then leave a discreditable inference to be drawn from them. 
He directs me not only to repel this inference, as it ought to be 
repelled, but also to bring to your serious consideration and 
reflection the propriety of such an assumed narrative of facts as 
your dispatch, in this respect, puts forth.' 

'"The President can not conceive how you should have been 
led to adventure upon such a statement as this. It is hut a tissue 
of mistakes.'' 'All these statements, thus by you made, and which 
are so exceedingly erroneous,' &c. 

"And, in your last letter, you say that, 'in attempting to escape 
from some of the mistakes of this tissue, you have fallen into 

others,' &c. 

" Following your example, it would have been easy to find a 
retort for these expressions, which would want neither point nor 
truth. But my own self-respect, and, still more, my respect for 
that great tribunal of public opinion, which is to judge between 
us, forbid me from imitating your course upon this occasion. I 
would remind you, that there is nothing in your official position, 



OF LEWIS CASS. 



463 



nothing in our relative situation, wliicli can justify this lofty 
assumption of superiority. I doubt if a parallel can be found in 
diplomatic history since Napoleon swayed the destinies of the 
world. But the use which you make of the President's name in this 
undignified language, is even more to be regretted than the epithets 
themselves. That high functionary should not be invoked, when 
a private citizen is thus assailed. Under different circumstances, 
such conduct might be imitated by the other party, atid a system 
of crimination and of recrimination introduced into the corres- 
pondence of tlie Department, equally injurious to the public 
interest, and incompatible with the public honor. Upon the 
present occasion no such result will happen. 1 have too much 
respect for the Chief Magistracy of my country, and too much 
regard for the distinguished individual who occupies that high 
post, to introduce his name unnecessarily into this discussion; 
and, notwithstanding you have appealed to him, I shall still con- 
sider the language as yours, and not as his. Many others would 
not be as forbearing. I say the ' language,' for it is that which I 
censure. I do not question your right, nor the right of any other 
person, freely to examine and to meet statements and argu- 
ments at discretion; but let this be done with the courtesy of a 
gentleman. 

" I shall now proceed, as briefly as possible, to examine these 
charges of an assumed narrative of facts; of groundless assump- 
tions^ and of a tissue of mistakes^ which you have once and again 
preferred against me. But, first, let us see what is the grave 
fault you alledge I have committed. I will state it in your own 
words : 

" 'Before examining the several objections suggested by you, it 
may be proper to take notice of what you say upon the course of 
the negotiation. In regard to this, having observed that the na- 
tional dignity of the United States had not been compromised 
down to the time of the President's message, at the last session, 
you proceed to say: But England then urged the United States to 
enter into a conventional arrangement, by which we might be 
pledged to concur with her in measures for the suppression of the 
slave trade. Until then, we had executed our own laws in our 
own way. But, yielding to the application, and departing from 
our former principle, of avoiding European combinations upon 
subjects not American, we stipulated, in a solemn treaty, that we 



464 LIFE AND TIMES 

would carry into effect our own laws, and fixed the minimum 
force we would employ for that purpose.' 

" After this quotation, you tlius continue: ' The President can not 
conceive how you should have been led to adventure upon such 
a statement as this. It is but a tissue of mistakes. The United 
States yielded to no application from England; the proposition for 
abolishing the slave trade, as it stands in the treaty^ was an Amer- 
ican proposition; it originated with the executive government of 
the United States, which cheerfully assumes all its responsibility. 
It stands upon its own mode of fulfilling its duties, and accom- 
plishing its objects. Nor have the United States dej^arted, in this 
treaty, in the slightest degree from their former principles, of 
avoiding European combinations upon subjects not American ; 
because the abolition of the African slave ti'ade is an American 
subject as emphatically as it is an European subject, and, indeed, 
more so, inasmuch as the government of the United States took 
the first great step in declaring that trade unlawful, and in at- 
tempting its extinction. The abolition of this traflic is an object 
of the highest interest to the American people and the American 
government ; and you seem strangely to have overlooked the im- 
portant fact, that nearly thirty years ago, by the treaty of Ghent, 
the United States bound themselves, by a solemn compact with 
England, to continue ' their efforts for its entire abolition,' both 
parties pledging themselves, by that treaty, to use their best 
endeavors to accomplish so desirable an object.' 

'"Again, you speak of an important concession made to the 
renewed application of England. But the treaty, let it be repeated 
makes no concession whatever to England. It complies with no 
demand, conforms to no request. All these statements, thus by 
you made, and which are so exceedingly erroneous, seem calcu- 
lated to hold up the idea that, in this treaty your government has 
been acting a subordinate or even a complying part.' And then 
follows the grandiloquent passage I have already quoted, com- 
mencing in such a solemn style, that the President was ' startled' 
at all these grievous offenses of mine. 

"Thus stands your charge in the letter of November 11th, 1812. 
It is renewed in that of December 20th. In my answer to the 
first I vindicated myself, and I thought successfully, against your 
complaint, and never supposed it would again rise up in judgment 
against me. I told you, that you had qualified as a tissue of 



OF LEWIS CASS. 465 

mistakes a paragraph which contained one statement, as a fact, to 
wit: that Enghind had urged our government to enter into a 
treaty stipulation for putting an end to the slave trade, to which 
we yielded. I told you still further, why I, as well as the world, 
supposed that the application for this stipulation came from Eng- 
land. She had pursued this object steadily for forty years, and 
she had sent out a special minister charged to negotiate upon that 
as well as upon other subjects. We had no interest to form a 
slave trade convention. You refer to the treaty of Ghent as 
creating obligations upon this matter, but that treaty makes not 
the slightest allusion to any further arrangements, and has no 
more connection with the treatv of Washino;ton than with the 
convention respecting armed vessels upon the lakes. It w^as com- 
plete in itself, and neither required nor looked to any other 
stipulations between the parties. And we had executed it in good 
faith, 

" For these reasons, I supposed that Lord Ashburton came out to 
propose to us to enter into another treaty upon this subject ; and 
I thus stated it as an historical fact. In my answer, I further 
called to your observation that the rest of the paragraph was mat- 
ter of inference or deduction, not admitting qualifications applic- 
able, not to inferences, but to assertions. As I shall, by and by, 
have occasion to refer again to this branch of the subject, I shall 
not pursue it any further at present. 

" In your last letter you reiterate, in substance, what you had 
previously said, and add, that 'it would appear from all this, that 
that which in your first letter appeared as a direct statement of 
fact, of which you would naturally be presumed to have had 
knowledge, sinks at last into inference and conjecture.' Now, 
here is a very obvious error, which, by the slightest attention to 
what I said, would have been avoided; but I will not qualify the 
mistake as a tisstie of anything. I did not say that the statement 
of facts to which you refer was all matter of inference. I said, 
expressly, that the statement respecting the desire of England, 
that we should enter into this negotiation, was put forward as a 
well-known fact, but that 'all else — I repeat it, all else — to the 
very least idea, is matter of inference.' Let the correctness of 
this assertion be judged by a reference to the paragraph. You 
continue: 'But in attempting to escape from some of the mis- 
takes of this tissue, you have fallen into others.' 
30 



4l66 life and times 

" You then refer to my statement, tliat England continued to 
prosecute the matter, and that we consented to its introduction. 
This, however, it is very clear, is but the same idea before sug- 
gested and combated in your first letter. You say ' the English 
minister no more presented the subject for negotiation than the 
government of the United States presented it.' 

" You then ask me to ' review my series of assertions on this 
subject, and see whether they can possibly be regarded merely as 
a statement of your own inferences.' 

"It would be but a waste of time to repeat what I have already 
said, that I assumed as an historical fact, believed by everybody, 
that Lord Ashburton came to urge the negotiation of this treaty, 
and that upon this point we yielded to the desire of England. 
When you say this is one of the ' inferences ' to which I refer, 
you furnish me with language and statements which are not my 
own. 

" But, after all, why this strange pertinacity in dwelling upon this 
point? AVhy this studied and repeated attempt to prove me guilty 
of a tissue of mistalces^ because I believed Lord Ashburton sub- 
mitted propositions upon the question of the slave trade, and that 
our government acceded to them ? I have already shown that 
this opinion was a natural one, and held in common with the 
country, and I trust I shall show this still more clearly. But even 
if not so, how does this change the state of things ? Does it prove 
that the negotiator was more sagacious, or the treaty more useful 
and honorable ? The result is the same, and the inquiry is there- 
fore confined to the process. You will please to recollect, I 
objected that we had yielded to the application of England, and 
made a treaty upon this subject, without guarding against a dis- 
honorable pretension she had advanced respecting it. 

"This is the whole charge which has provoked all this 'start- 
ling ' reproof. To this you answer, as though this answer took 
away all censure, that the ' British Minister no more presented 
the subject for negotiation than the government of the United 
States presented it ; ' that is, in other words, tJiat the matter was 
jointly conducted and terminated. And is it possible you can 
believe that this circumstance takes away the grave responsibility 
of an improvident arrangement, which left us worse than it found 
118? and, what is sincerely to be deplored by every American, 
which led the President of the United States, in his annual 



OF LEWIS CASS. . 467 

message to Congress — a document read by the world — to put a con- 
struction upon this instrument which the English Prime Minister 
has contradicted in the most solemn manner, and in no measured 
terms? The President, in his message of 1841, says that this 
claim of ' visit and inquiry ' was ' regarded as the right of search, 
presented only in a new form, and expressed in different words,' and 
he adds that he had denounced it as inadmissible by the United 
States. He then proceeds to speak of the recent treaty, and thus 
continues : ' From this it will be seen that the ground assumed in 
the message, (to wit, that the United States would never submit 
to this new-fangled claim of ' visit and inquiry,') has been fully 
maintained, at the same time that the stipulations of the treaty of 
Ghent are to be carried out in good faith by the two countries, 
and that all ^pretense is removed for interference with our com- 
inercefor any jpurpose hy a foreign governTnent^ 

" This construction the English government deny, and boldly 
avow their adherence to the claim to board and examine our ves- 
sels. Now, where can you find one word in the treaty which but 
intimates that this question respecting ' visitation ' has been even 
taken up or touched ? Unfortunately, no such word is there ; nor 
is there any principle of sound construction which can supply its 
place. AVhat I said to you, in my letter of October 3d, upon this 
topic, may, perhaps, produce more impression now than it did 
then. It has been marvelously confirmed. I remarked : 'In 
carefully looking at the 7 th and 8th articles of the treaty, provid- 
ing for the suppression of this trafiic, I do not see that they change 
in the slighest degree the pre-existing rights claimed by Great 
Britain to search our ships. That claim, as advanced both by 
Lord Palmerston and Lord Aberdeen, rests on the assumption 
that the treaties between England and other European powers 
upon this subject could not be executed without its exercise, and 
that the happy concurrence of these pouters not only justified^ hut 
rendered it indispensable. By the recent treaty we are to keep a 
squadron on the coast of Africa. We have kept one there for 
years ; during the whole time, indeed, of these efforts to put a 
stop to this most iniquitous commerce. The efiect of the treaty, 
therefore, is to render it obligatory upon us, by a convention, to 
do what we have long done voluntarily — to place our municipal 
laws in some measure beyond the reach of Congress, and to 
increase the strength of the squadron employed on this duty. 



468 LIFE AND TIMES 

" ' But if a British cruiser meet a vessel bearing tlie American 
flag where there is no American ship of war to examine her, it is 
obvious that it is quite as indis])e7isahle and justifiaNe that the 
cruiser should search this vessel to ascertain her nationality, since 
the conclusion of this treaty as it was before. The mutual rights 
of the parties are in this respect wholly untouched ; their preten- 
sions exist in full force, and what they could do prior to tins 
arrangement they may do now ; for though they have respectively 
sanctioned the employment of a force to give effect ' to the laws, 
rights, and obligations of tlie two countries,' yet they have not 
prohibited the nse of any other measures which either party may 
be disposed to adopt.' 

" What was opinion when I wrote, has now become fact. 

" In all this I beg not to be misunderstood. I do not wish 
again to subject myself to the charge you made against me of 
favoring the pretensions of England. That is one of the last of- 
fenses I desire to commit, or, if I know myself, that I am likely to 
commit. I think the pretension she advances to search our ves- 
sels, and to call this search a ' visitation,' is one of the most injuri- 
ous and unjustifiable claims of modern days. I would meet the 
first exercise of it by war. It leads directly to impressment, and 
subjects our whole commercial marine to the mercy of a jealous 
rival. It is but another step in her march towards universal 
domination. I do not believe our government have acknowledged 
this claim, or ever thought of acknowledging it. I believe the 
President and all his cabinet are too honorable and too patriotic 
ever to harbor a thought of their surrendering one of our proudest 
national rights. But, as I said before, it is an act of omission, and 
not of commission, I censure. It is because a treaty has been 
made embracing the slave trade, and because no security is found 
there against the exercise of this pretension, which threatened, as 
the President said in his message, the greatest embarrassment, 
and was ' connected with the African slave trade.' 

" But to return to your charge of my want of good faith in this 
' tissue of mistakes.' In any discussion concerning the origin and 
nature of the propositions which led to the Tth and 8th articles of 
the treaty of Washington respecting the slave trade, you have 
greatly the advantage over any antagonist. It is a remarkable 
fact, and without j^recedent, probably, in modern diplomacy, that 
not one written word is to be found in the documents relating' to 



OF LEWIS CASS. 469 

this treaty, which passed between the negotiators, and which led 
to this new and important stipulation. I presume these function- 
aries met often, and conversed upon the various topics pending 
between them, and that then some protocol of their meeting, or 
some correspondence, was prepared, embodying their views. One 
would suppose that this course was necessary, as well for them- 
selves as for the information of their governments, and, I may 
add, in the case of the American negotiator, for the information 
of the people — equally his sovereign and the sovereign of the gov- 
ernment he represented. Was all this omitted, or has it been 
suppressed ? As was said by a Senator from Pennsylvania, in 
the debate upon the ratification of the treaty, and said with as 
much truth as beauty: 'The tracks of the negotiators were upon 
sand, and the returning tide has effaced them forever.' 

"In the question relating to impressment there is no such reserve. 
"We have a letter on that vital subject from each party ; and yet 
this correspondence led to nothing, and wlien it was prepared, it 
was known it would lead to nothing. Why it is there, it passes 
my comprehension to judge. When, in conversation with the 
British negotiator, you found he was not prepared to make any 
concession upon this subject, why introduce it at all, and give his 
government another opportunity to assert its pretension, and to 
avow its determination to enforce it? What was gained by this? 
You could hardly expect to shed new light upon a question dis- 
cussed by Jeiferson and Madison ; and j^ou could hardly expect 
that any declaration of resistance to the practice could be more 
emphatic than the resistance of the last war, and the numerous 
remonstrances against the doctrine with which our diplomatic 
history abounds. An important subject is introduced into the 
treaty without any discussion, and another, still more important, 
is discussed without introd action, and with the full knowledge 
that it would not be introduced. Allow me again to spi*ead before 
you the paragraph you quote, and which contains the ' tissue of 
mistakes' which occupies so conspicuous a place in your letter : 

" ' But Ensrland then ur^ed the United States to enter into a 
conventional arrangement, by which we jniglit be pledged to 
concur with her in the measures for the suppression of the slave 
trade. Till then we liad executed our own laws in our own way; 
but, yielding to this application, and departing from our former 
principle of avoiding European combinations upon subjects not 



LIFE AND TIMES 

American, we stipulated in a solemn treaty that we would carry 
into effect our own laws, and fixed the minimum force we would 
employ for that purpose.' 

" This is the whole charge, as you make it. This is the paragraph 
in reference to which you say, ' the President can not conceive 
how you should have been led to adventure upon such a statement 
as this.' Now let us analyze this matter, and see if it is as 
'startling' as you suppose. How many facts are here stated? 
and, of these, how many are denied or doubted? 

"First. — England urged us to make a treaty for the suppression 
of the slave trade. 

"Second. — We yielded to this apj)lication. 

"Third, — Before then, we had executed our own laws in our 
own way. 

" Fourth, — We departed thereby from an old principle of avoid- 
ing European combinations upon subjects not American. 

"Fifth. — We stipulated we would carry into effect our own laws. 

" Sixth. — We fixed the minimum force we would employ for 
that purpose. 

"Here is the whole indictment. Kow for the defense. 

" I suppose I may pass over the second fact. It depends entirely 
upon the first, and is, in truth, a part of it. If England urged 
this treaty upon us, and we thereupon assented to the negotiation 
of it, we of course yielded to the application. I suppose I may 
pass over the third fact : no one will dispute its truth; or, if it 
is denied, let it be shown when, before now, our laws were enforced 
by virtue of treaty stipulations. I suppose I may pass over the 
fourth. It is matter of opinion, as I said in my former letter — of 
inference. No one can place it in that category of facts, for the 
truth of which he who advances them is morally responsible. 
You say that the suppression of the slave trade is interesting to 
the United States, and that therefore we have not departed, in the 
formation of the treaty, from the wholesome maxim of non-com- 
bination. I say it is interesting, also, but that our duties can be 
fully performed without any European combination ; and that 
such a mutual arrangement is injurious, and violates one of the 
articles of our political faith : and. in proof of the danger of these 
arrancrements, I refer to the 'perpetually recurring difficulties 
which are presenting themselves in the execution of the conven- 
tions between France and England upon this subject.' I suj)pose 



OF LEWIS CASS. 471 

I may pass over the fifth fact, for no one can question that, by the 
treaty, we do stipulate to carry into effect our own laws. The 
eighth article expressly declares that the object is 'to enforce the 
laws,' &c., of each of the two countries. I suppose, also, I may 
pass over the sixth fact, for the same eighth article provides that 
the squadron to be employed in suppressing the slave trade shall 
' carry in all not less than eighty guns.' Here is the minimum. 
We thus remove five of these condemned facts from the act of 
accusation. There remains one to support the charge you have 
made, and to justify the unqualified language you have employed. 
And what is this solitary proof of my bad faith? Here it is. I 
said that England had urged om- government to enter into stipu- 
lations for suppressing the slave trade, to which we had yielded. 
I am ' startled ' myself at the importance you attach to my views 
of this matter, and to the gravity of the reproof these have led to. 
I have already remarked, that all the world supposed Lord Ash- 
burton came here with propositions upon this, as well as upon 
some other subjects, in dispute between the two governments ; 
and, at the moment I am writing, I find in the papers an extract 
of a letter from Mr. Everett to you, presented to the House of 
Representatives by Mr. Gushing, which fully confirms my previous 
impressions. In that letter Mr. Everett says, he was told by Lord 
Aberdeen, on the 27th of December, 1841, that Lord Ashburton 
was going to the United States ' with full power to settle any point 
in discussion, embodying what was called the right of search, 
which was the most difficult.' And another incident comes 
opportunely to confirm all this. It is the statement of a Senator 
who, from his position, ouglitto know the circumstances, and who, 
from his high character, is entitled to all credit: Colonel King 
said, in the Senate, on the 23d ultimo, speaking of this claim to 
visit our vessels, ' It was intolerable. Here, then, was a direct 
point of collision, and that was what brought Lord Ashburton to 
this country with the view of adjusting this difficulty.' 

" I may express the surprise I felt when I read the following 
paragrajjh in your last letter, urged with as much emphasis as 
though the merits of the treaty, and of our whole controversy, 
turned upon this point; truly, when such undue importance is 
given to a topic so little meriting it, when its discussion occupies 
seven folio pages of your last letter, and three pages of its prede- 
cessor, and when the view you present is most elaborately prepared, 



472 LIFE AND TIMES 

I may well presume that a substantial defense of yom' various 
positions is not easily found. This is the paragraph : 

'"Suppose your letter to go before the public unanswered and 
uncontradicted ; suppose it to mingle itself with the general 
political history of the country, as an official letter among the 
archives of the Department of State; would not the general mass 
of readers understand you as reciting facts, rather than as drawing 
your own conclusions? as stating history, rather than as presenting 
an argument? It is of an incorrect narrative that the Pi-esident 
complains ; it is that, in your hotel in Paris, you should undertake 
to write a history of a very delicate part of a negotiation carried 
on at Washington, with which you had nothing to do, and of which 
you had no authentic information, and which history, as you 
narrate it, reflects not a little on the independence, wisdom, and 
public spirit of the administration.' 

"Strange, indeed, that this 'history,' and 'narrative,' and ' deli- 
cate part of a negotiation,' &c., &c., &c., are to be charged to a 
simple suggestion, or assertion, if you please, that Lord Ashburton 
came over to make propositions to the government respecting the 
slave trade, which were accepted, 

" But, before quitting this topic, I shall appeal to your own 
authority. You remarked to me, in your letter of November 14th, 
that 'the United States yielded to no application from England. 
The proposition for abolishing the slave trade, as it stands in the 
treaty^ was an American proposition : it originated with the exec- 
utive government of the United States, which cheerfully assumed 
its responsibility.' You remarked, in your letter of December 
20th : ' Now the English minister no more presented the subject 
for negotiation than the government of the United States presented 
it ; nor can it be said that the United States consented to its 
introduction in any other sense than it may be said that the Brit- 
ish minister consented to it.' All this is too diplomatic for me. 
I can neither clearly comprehend what is meant in the last quota- 
tion, nor, so far as 1 comprehend it, can I reconcile it with the 
other. Whether either fjiirly contradicts my suggestion, that the 
introduction of the slave trade stipulation into the treaty was due 
to the application of England, 1 leave to those who are more com- 
petent to judge your language than I am, to determine. At first, 
it is a guarded proposition, that the provision, as it stands i^i the 
treaty^ is the work of the American government ; and, at last, this 



OF LEWIS CASS. 473 

I 

provision owes its paternity as mucb to one government as to 
the other. 

" But I may well appeal to your own candor to say if the special 
pleading in the first quotation meets the issue between us. I said 
we consented to the introduction of the slave trade stipulation into 
the treaty upon the application of England, and you do not spare 
your reproof for this assertion through ten pages of your letters, 
because the proposition, ^6^ it stcmds in the treaty, was an Ameri- 
can proposition. 

" But, if you mean by all this, that Lord Ashburton did not 
make any proposition to our government upon this subject, but 
that you pressed it upon him, as you would seem to intimate, in 
order to repel the suggestion I made, then I must be permitted to 
say that there is nothing more extraordinary in all our diplomatic 
history. I shall not enlarge upon this topic, but merely ask what 
benefit an American negotiator saw for his country in this arrange- 
ment, connecting us with another nation, and exposing us, both in 
principle and practice, to consequences which human sagacity can 
not even conjecture? I will ask, in the words of the President's 
message, \Dhat adjustment of a diffietdty of great magnitude and 
importance, in relation to this matter, took place, if it was not this 
veiy question ? What other 'embarrassment (still in the words 
of the message,) was connected with the African slave trade ?' 
Both Lord Palmerston and Lord Aberdeen, in 1841, expressly 
disavowed the right to search American vessels, with a view to 
prevent their engaging in the slave trade. They both declared, 
and Sir Robert Peel repeated the declaration in his late speech, 
(I quote the words of the last :) ' The right of search, connected 
with American vessels, we entirely disclaim. ISi'ay, more ; if we 
knew that an American vessel was furnished with all the mate- 
rials requisite for the slave trade, &c., still we should be bound to 
let that vessel pass on.' And that our government knew these 
views, is distinctly stated by the President, in his message, who 
Bays that Lord Aberdeen 'expressly disclaimed all right to detain 
an American ship on the high seas, even if found with a cargo of 
slaves on board, and restricted the pretension to a mere claim to 
visit and inquired 'This claim,' the President adds, ' was regarded 
as the right of search presented only in a new form and expressed 
in different words, and I, therefore, felt it my duty to declare, in 
my annual message to Congress, that no such concession could be 



474: LIFE AND TIMES 

made ; and that the United States had both the ability and incli- 
nation to enforce their own laws,' &c. I repeat, then, what other 
point remained to be adjusted upon this general subject, but this 
very claim oi visitation? and if this was not adjusted, as it is now 
clear it was not, what 'adjustment' did take place? And \vhy 
was the stipulation introduced into the treaty, as though we could 
not keep a squadron on the coast of Africa, and execute our own 
laws, without binding ourselves in a solemn convention with Great 
Britain to do so? — and all this, you intimate, without even a 
request on her part ! 

" I here close this controversy ; and I shall close the correspond- 
ence by a few remarks upon the serious position in which our 
country is now placed. It affords me no pleasure to find that all 
I foretold, respecting the course of the British government in rela- 
tion to this pretension to search our ships, has been signally 
confirmed by the recent declaration of Sir Robert Peel. The 
accomplishment has soon, too soon, followed the prediction. I 
said, in my letter to you of February 15th, 1842, as I have already 
stated, that England rarely, if ever, abandoned a pretension, and 
that, in my opinion, she would enforce this. And in my letter to 
you of December 11th, 1842, speaking of the probability that she 
would carry into effect her doctrine, I said : 'That she will do so 
when her interest requires it, I have no more doubt than I have 
that she has already given abundant proofs that the received code 
of public law is but a feeble barrier when it stands in the way of 
power and ambition. Both Lord Palmerston and Lord Aberdeen 
tell us she will.' And now a greater than either has said so, and, 
as the London Times expresses it, he has said it in the most em- 
phatic manner. And wdiat, then, is our position ? Sir Robert 
Peel has declared that the British government never will re- 
linquish this claim to searcJi our vessels, calling it a visitation; 
and the London Times^ the great exponent of the principles and 
purposes of the English government and aristocracy, said, on the 
31st of last December, a month before this declaration, that 'Eng- 
land has not abandoned one tittle of her claim (to search our 
vessels) ; the treaty dogs not afford the smallest presumption that 
she has ; and the United States would find that the right would 
continue to be unflinchingly, (aye, that is the word,) unflinchingly 
exercised.' And it adds, that this ' essential right of the British 
navy ' would never be relinquished. Sir Robert Peel is a cautious 



OF LEWIS CASS. 473 

statesman. He does not deal in abstractions. He does not make 
declarations, in the face of the world, to remain inoperative, par- 
ticularly when such declarations are cheered by both sides of the 
House, in a manner to show, beyond a doubt, that they are re- 
sponded to by the public feeling of the country. And the Times^ 
well informed of the views of the government a month before they 
were communicated to the nation, would not have said that the 
rigid would he unflincMngly exercised^ if it were to remain a dead 
letter. 

" We all know to what this pretension leads, and to what it is 
intended to lead: that it will virtually subject our whole commer- 
cial marine to the English navy. It is an insult to the common 
sense of the world to talk about a difference, in their effects, be- 
tween a search for one purpose, and a search for another; and to 
call a search to ascertain the character of a vessel, aifd to carry 
her in for condemnation — at the will of a midshipman, perhaps, 
if he believes, or afi'ects to believe, she belongs to one country 
and claims to belong to another — to that great gulf, always ready 
to swallow American property, a British court of admiralty, — to 
call, I say, such a search a visitatio7i, and, by this change of name, 
to justify the pretension — all this was reserved for the nineteenth 
century. For, what is a 'visitation?' It is not enough to look 
at the flag; for any 'bunting,' as Lord Palmerston calls it, may 
be hoisted. It is not enough to look at the men, for all marines 
contain foreigners as well as natives. It is not enough to look at 
the papers, for these may be simulated. It is not enough to look 
at the log-book, for that may be false or forged. It is not enough 
to look at the cargo, for that proves nothing. But it is obvious 
that all these will be looked at to satisfy the inquisitor and his 
inquisition. 

"The London Sun said, last year, very justly, 'If the Americans 
sanction the examination of their ships, for the mere purpose of 
ascertaining if a vessel bearing the American flag is lona fide an 
American vessel, they sanction a rigid examination of the vessel 
herself And it is to be borne in mind, that the right to examine 
pre-supposes the right to send in, if the examination is not satis- 
factory to the officer, and to condemn, if not satisfactory to the 
judge. What follows, let our history from 1793 to 1815 tell. 

" But this is the least injury sought to be entailed upon us. 
Heretofore, agreeably to her own doctrine, England could only 



476 LIFE AND TIMES 

impress our seamen in time of war; for she claimed the right to 
board our vessels, merely as a belligerent right, which ceased when 
she was at peace. And she conceded — and so said the Pi-ince 
Kegent, in his celebrated declaration of January 9, 1813, in answer 
to the manifesto of the American government — that a British 
cruiser could not board an American ship for the purpose of im- 
pressment ; but that, having once entered under a legal riglit, 
then tlie boarding officer could seize whoever he pleased, to be 
transferred to a foreign navy, there to fight against his own coun- 
try. Now, the British government has devised a plan by which 
our vessels may be boarded in time of peace, and thus the whole 
seamen of the United States may be placed at the disposition of 
England, in peace and war. 

" We now understand the full value of impressment, and why 
Lord Ashburton would not relinquish it; and we understand what 
the London Times means when it says that ' this right of visita- 
tion, which is to be ' unflinchingly exercised,' is essential to the 
Brifish navy.' 

"No pretension, in modern times, has advanced more rapidly 
than this. It is but a year or two since Lord Stowell, the well- 
known English Admiralty judge, solemnly decided that ' no 
nation can exercise a right of msitation (mark that word !) and 
search upon the common and unappropriated part of the ocean, 
except upon the belligerent claim.' And still later, the Duke of 
Wellington said, in the House of Lords, 'that if there was one 
point more to be avoided than another, it was that relating to the 
visitation of vessels belonging to the (American) Union.' The 
first time we heard of this pretension, as a serious claim, was from 
Lord Palmerston, on the 27th of August, 1841, and the next was 
from Lord Aberdeen, on the 13th of October following ; and 
it was then put forth as ' indispensable and justifiable,' in the 
execution of certain slave treaties formed with the ' States of 
Christendom.' Now the British government claim that it has 
become a settled part of the law of nations. And our ships are to 
be searched, says Sir Robert Peel, to ascertain if a ' grievous 
wrong has not been done to the American flag.' This is really 
one of the most extraordinary assumptions of modern days. Our 
flag is to be violated, to see if it has been abused ! The whole 
country knows where the 'grievous wrong' would be, if this 
principle were carried into practice. 



OF LEWIS CASS. 477 

"There arc a thousand reasons, founded upon common ancestry, 
upon language, ujjon institutions, and upon interest, why we should 
earnestly desire peace with the EnglisJi people; but will their 
government permit it? This I donbt, England has great power, 
and she is not slow to exercise it. She has great pride, and she 
is not slow to indulge it. We are in the way both of her ambi- 
tion and of her interest; and ambition and interest need never 
march far in search of pretexts for war. 

" It becomes every American to ask, if he is prepared to yield 
this right of search. For myself, I think it is better to defend the 
outworks than the citadel; to fight for the first inch of territory 
rather than for the last; to maintain our honor when attacked, 
rather than to wait till we have none to be attacked or maintained; 
and such, I trust and hope, will be the unwavering determination 
of the government and of the country. 

" What I anticipated, when 1 commenced this letter, has come to 
pass. The documents called for by Colonel Benton have been 
sent into the Senate, as I perceive by the last papers. Your 
recent letter will now go out with the others, and reach the Amer- 
ican people. I have no means of clearing myself from the diffi- 
culties you have spread round me, but by submitting my views, 
as you have submitted yours, to the decision of the country. I 
am now a private citizen. Twice, since I became such, you 
have presented to me, in elaborately prepared documents, your 
sentiments upon some important topics, arising out of the late 
late treaty. These documents now make part of the political his- 
tory of the country. There are, therefore, no considerations of 
duty, nor of propriety, to restrain me from appealing to the same 
great tribunal to judge between us, — from endeavoring to redeem 
myself from some severe charges you have made against me. I 
have been w^ritten at^ but the public have been written to. I shall, 
therefore, not hesitate to authorize the immediate publication of 
this letter, being little disposed to leave it to be buried in the 
archives of the Department of State. 

" At the moment of signing my letter, the President's message of 
February 27th, 1843, respecting the treaty of Washingtcn and the 
right of search, has reached me. I think every American should 
go with the President in his reprobation of this doctrine. I refer, 
however, to the message, to say, that had it been in my possession 
when the body of this letter was prepared, I should have quoted 



473 LIFE AND TIMES 

it instead of quoting the other messages, because in this the views 
are more elaborately prepared than in those, showing that the 
claim of visitation was perfectly comprehended by our govern- 
ment when this treaty was negotiated; that it was denounced as 
wholly inadmissible, and that the treaty was supposed to have 
made ' a practical settlement of the question.' 

"One or two reflections force themselves upon my mind, which 
I shall submit to you, even at this late moment. 

"In the first place, this claim to search our vessels, under the 
pretense of visiting the7n, though connected in its origin, or rather 
announced as connected, with the African slave trade, is co-exten- 
sive with the ocean. The principles upon which it rests, so far as 
they rest on any, are of universal application ; for wherever a 
British cruiser meets a vessel bearing the American flag, such 
cruiser may wish to know if a 'grievous wrong' has been com- 
mitted, and whether she is truly what she appears to be. 

" Such are the necessary consequences of this doctrine, and such 
we now ascertain is the extent to which it is to be pushed. It is 
distinctly announced by Sir Robert Peel, in his late speech, tljat 
this right of visitation is not necessarily connected with the slave 
trade, and this is confirmed by the Times, which says, 'that this 
right has obviously no intrinsic or necessary connection with the 
slave trade,' and 'that it is a part of the marine code of nations.' 

"How, then, could a conventional arrangement, obliging us to 
keep a squadron upon the coast of Africa, guard against its exer- 
cise, or ' supersede,' in the words of the message, ' any supposed 
necessity, or any motive, for such examination or visit?' Again : 
how could it guard against these effects, even if the operation of 
the doctrine were limited to search or visitation in slave ti-ade 
latitudes? England said to us — We have made a treaty with 
France, by which we have a right to search her ships, and to send 
them in for condemnation, if they are engaged in the slave trade. 
If we can not search your ships, we can not execute this treaty, 
because a French vessel, by hoisting an American flag, will place 
herself beyond the reach of our cruisers; therefore, we shall visit 
your ships. 

"Now, it is manifest, that our squadron upon the coast of 
Africa w^ll not change in the slightest degree this state of things. 
A French vessel may still hoist an American flag, and thus protect 
a cargo of slaves, so far as this protects it, in any part of the great 



OF LEWIS CASS. , 479 

ocean, from the African coast to the coast of Brazil. Is this 
squadrop of eighty guns, or is any vessel of it, to be everywhere? 
And where it is not, what will prevent any ship from placing an 
American flag at its mast-head? 

" I am stating, not defending, the British doctrine, and I do not 
enter here into those obvious considerations which demonstrate its 
fallacy and injustice. This I have attempted elsewhere, but with 
what success it does not become me to judge. I attempted to 
show, that because any of the 'states of Christendom' choose to 
form treaties for the attainment of objects, military, commercial, 
or jpJiilanthropic^ such mutual arrangements give them no right to 
change the established laws of nations, and to stop and search our 
vessels upon the great highw^ay of the world. It is the slave trade 
to-day, but it may be the sugar trade to-morrow, and the cotton 
trade the day after. But, besides, it is obvious that all the cases 
put by the British political casuists, in support of this new doctrine, 
are mere questions of identity, where he who does the deed and 
boards the vessel acts, not upon his right, but upon his responsi- 
bility, and, like the sheriff who arrests a person upon a writ, is 
justified, or not, according to the result; 

'• But it is clear that this claim, as asserted, is not at all incon- 
sistent with our new treaty stipulation ; that this stipulation does 
not render unnecessary the exercise of the claim; and, therefore, 
as it does not expressly, so neither does it by fair implication, 
'make a practical settlement' of the question; nor does 'the 
eighth article ' remove ' all possible pretext, on the ground of mere 
necessity, to visit and detain our ships upon the African coast, 
because of the alledged abuse of our flag by slave traders of other 
nations.' 

" Yery respectfully, &c., 

" Lew. Cass. 

"Hon. Daniel "Webster, 

" Secretary of State, Washington." 

Mr. Webster never answered this letter. He merely informed 
General Cass, in a brief note, that he had glanced at portions of 
it, and, after more attentive perusal, if occasion required, he 
would reply to it at length. This " occasion " he never found : and, 
to this day, the reasoning and argument of General Cass stand 
without even an attempt at refutation. 



480 LIFE AND TIMES 

The English inhiistry construed the clauses in the treaty of 
"Washington as General Cass supposed they would. The important 
question of the right of search was left just where it was found 
when the negotiation was opened. The parties to the treaty 
differed in their understanding of its meaning, and the govern- 
ment of Great Britain did T\ot conceal its intention to deny the 
construction put upon it by the government of the United States. 
In tact, it went fiirther, and took the ground that the question of 
search did not enter into the negotiation, and was not even dis- 
cussed : and that, as for concession, it was neither asked nor given. 
And a denial of these high positions of Britain— reflecting as 
they do upon the conduct of our government, when Jefferson and 
Madison were in the ascendant— will be sought for in vain among 
the archives of the American government, for the four years pre- 
ceding the advent of Mr. Polk to the Chief Magistracy. The 
apprehensions, therefore, entertained by General Cass, when he 
first saw the provisions of the treaty of Washington, were fully 
realized. It was the dictate of patriotism, and a proper regard for 
the honor of his country, and for the memory of the distinguished 
statesmen with whom he had been for so many years intimately 
and officially associated, that prompted him to retire from the 
American Legation at Paris. He did right, and so said the over- 
whelming voice of the people of the United States. With this 
cheering approbation, he could well bear with composure the 
attacks of his political opponents, and the abuse of foreign peers 
and presses. 



OF LEWIS CASS. 481 



CHAPTER XXIX. 

General Cass retires from the French Court — Public Dinner — Arrival at Boston — Enthusiasm of the 
People — Their Address to General Cass — Arrival at New York — Public Demonstrations — Letter of 
Mr. Dickersou — General Cass' Rejily — The Public Press — Arrival at AVashington — Tour to Detroit 
— Reception at Home. 

When it was known in France that General Cass had asked 
leave to retire from the diplomatic service, his fellow-citizens 
from the United States, in France, were loud in their regrets. 
They were nnanimons in sentiment relative to the course he had 
pursued on the quintuple treaty. They were proud of their Min- 
ister, and again and again congratulated him oil the glorious 
result of his efforts. If in their power, they would prevail upon 
him to remain ; but they were equally unanimous in sentiment, 
that a continuance of his residence at that court was incompatible 
with his own honor, and that his determination to embark for the 
United States, after they were advised of the treaty of Washing- 
ton, was his only alternative. They, however, invited him to 
partake of a public dinner before his departure, as an evidence of 
their esteem. This was accepted, and the American consul at 
Havre, Mr. Beasley, presided at the festive board. So great was 
the desire to be present oji this occasion, that many American 
residents and travelers, then in Paris, were unable to gain admis- 
sion. The festivity terminated in the presentation of an elegant 
address to General Cass, to which he made a suitable resj)onse ; 
and bidding them a hearty ferewell, departed for the United 
States with his family, leaving Mr. Ledyard, the Secretary of the 
Legation, as charge d'affairs till a minister arrived. 

After a short voyage across the ocean in the steamer Columbia, 
he landed in the city of Boston on the 6th of December, 1842, 
and on the succeeding day was greeted with the following letter, 
signed by numerous prominent citizens of this metropolis of New 
England, from the hands of a large committee. 
31 



482 LIFE AND TIMES 

" Boston, December Vth, 1842. 

" Sir : — The undersigned, citizens of New England, would 
congratulate your Excellency on your safe return to your native 
country, after your faithful services and energetic proceedings at 
an important crisis in your distinguished mission ; and respect- 
fully request that you will give them and their fellow-citizens an 
opportunity of expressing personally the high respect which your 
public career and private virtues have uniformly inspired. 

"Eeturning, as you do, with the approbation of that generous 
people who were the first, and, for a long time, the only friends of 
our fathers, we should prefer that the meeting should be at such 
a time as would suit your convenience, in Faneuil Hall — the spot 
in which, of all others, Americans would desire to welcome her 
deserving ones." 

General Cass' arrangements were such as to preclude delay, and 
he was constrained to decline this proffered hospitality. His 
fellow-citizens, nevertheless, thronged his apartments at the hotel 
during his brief sojourn in that city, without distinction of party. 
This was but the first in a series of public manifestations of appro- 
bation. His faitJiful services and energetiG jproceedings at an 
important crisis in his mission, had endeared him to every Amer- 
ican heart, and there was all over the country a spontaneous 
exhibition of admiration for the man who stood forth, unsustained 
by his own government, against the potentates of the old world. 

He immediately passed on to New York, en route for Washing- 
ton. He had scarcely reached his lodgings in New York, before 
he was waited upon by many citizens, to congratulate him upon 
his safe arrival upon the shores of his native land, and to tender 
him a public manifestation. The authorities of the city came to 
pay him their respects, and tendered him the use of the Governor's 
rooms in the City Hall. With a grateful appreciation of all this 
kindness, he was compelled to forego the pleasure of its enjoyment. 
He desired to hasten on quietly to the Federal capital. But to 
his own amazement, his fellow-citizens treated him as the man of 
the nation. He felt that he had acted wisely in France, and yet 
he did not take to himself any special glory for having done 
simply what he thought it his duty to do. Not so was his con- 
duct viewed by the people among whom he now began to move. 
Hardly conscious of it himself, to them it was the sublimity of 



OF LEWIS CASS. 483 

patriotism, to see the single-handed representative of a Republic 
stand before the magnates of EurojDe, in one of its proudest capi- 
tals, and unawed by the blandishments of its power, and the 
learning of its nobility, there bid them defiance, and in the thunder 
tones of an American freeman, proclaim that his country would 
never allow her ships, with the stars and stripes streaming from 
the mast-head, to be stopped on their peaceful course by any or 
all of the nations of the earth. This sensation thrilled the Amer- 
ican heart. The vibration was felt to the remotest corners of the 
Republic. 

Mahlon Dickerson, Secretary of the Navy under a previous 
Democratic administration, hearing that General Cass had landed 
in Boston, hastened from his home in New Jersey to intercept 
him in New York. He would have him tarry at Trenton, as he 
passed along the route southward, for the people of Jersey wanted 
to take by the hand their distinguished fellow-citizen. This was 
out of the question, and Mr. Dickerson handed to General Cass 
the following letter : 

"New York, December lOtli, 1842. 

"My Dear Sir : — You must have observed, since your arrival 
at Boston, that you have been recommended, in many of the public 
papers in different parts of the United States, as a candidate for 
the chief executive office of the republic, and, particularly, that 
you were nominated to that office at a large Democratic meeting 
at Harrisburgh, on the 21st ultimo. The manner in which your 
nomination is mentioned by some of the Whig papers, is such as 
to excite a suspicion, r.mong those who do not know you, that you 
favor Whig principles, and some have said that your views on a 
national bank are identical with those of the Whiss. I know that 
there is no ground for such suspicions, and that you are entirely 
willing that your views upon those subjects should be known to 
all parties. From the long and friendly relations which have 
existed between us, before as well as during the time we were 
fellow-members of the cabinet of President Jackson, and ever since, 
I take the liberty of asking from you such explanation of your 
views upon these subjects as shall be entirely satisfactory to your 
political friends. With the highest respect and esteem, I am your 
friend and humble servant, 

"Marlon Dickerson. 

"To General Lewis Cass." 



484 LIFE AND TIMES 

And to this General Cass promptly replied as follows : 

"New York, December 10th, 1842. 

"My Deae Sir: — I have received 3'onr letter of this day, and 
have no difficulty in giving you a prompt and unequivocal answer 
to the questions you present to me. 

" I am a member of the Democratic party, and have been so 
from my youth. I was first called into public life by Mr. Jeffer- 
S son, thirty-six years ago, and am a firm believer in the principles 
laid down by him. From the faith, as taught and received in his 
day, I have never swerved a single instant. So much for my 
o-eneral sentiments. 

CI 

"With respect to a national bank, I think the feelings and 
experience of the country have decided against it, and that no 
y^ such institution should be chartered by the general government. 
I will add, that my residence in France, and a careful observation 
of the state of that nation, have satisfied me that, while a due 
degree of credit is liigldy useful in the business concerns of a 
country, a sound specie basis is essential to its permanent pros- 
perity. 

"With great regard, I am, dear sir, truly yours, 

"Lewis Cass. 
"Hon. Maulon Dickeeson." 

It is true, as mentioned in Mr. Dickerson's letter, several news- 
papers, in many sections of the country, had mentioned the name 
of General Cass in connection with the Presidency, and a large 
assemblage of Democrats, residing in Harrisburgh, in the State of 
Pennsylvania, and that vicinity, had expressed their desire that 
he should be the Democratic candidate at the Presidential election 
in 1844. To all these expressions of partiality for himself for this 
high office, whilst he was not insensible of the great honor done 
him, he had but one reply to make, and that was, that the office 
of President of the United States was neither to be sought nor 
declined. But when the cherished political principles of his life 
were assailed — no matter from what quarter — it would have been 
inconsistent with his entire jDrevious career, as the reader of these 
pages is already aware, if he had not promptly faced his foes. 
Hence, he stooped to give the above reply to his old friend Dick- 
erson. He, in fact, was not then aspiring for tlie nomination, and 
entertained not the slightest expectation of canvassing for the 



OF LEWIS CASS. 485 

Presidency in 1844, or at any otlier time. His mind was upon 
the valuable work which he had just performed for his country- 
men in the other hemisphere, and he was highly gratified with the 
voice of approval which he was constantly hearing. 

In consequence of receiving, at New York, the duplicate of Mr. 
"Webster's letter, before adverted to, his stay in that city was pro- 
longed a few days, and, on the fourteenth of December, he received, 
at the Governor's room in the City Hall, the calls of large delega- 
tions of citizens. They were far from being formal calls. The 
people came in masses, and paid him the homage of their respect. 

Congress was in session when he reached Washino-ton, and the 
members visited his rooms, and gave him a cordial welcome. 
From thence homeward to Detroit, as he passed through the prin- 
cipal cities and towns in Pennsylvania and Ohio, all classes came 
forward to see him. His route was through these States in accord- 
ance with the previously expressed wishes of their citizens. They 
desired to receive and take by the hand the man who had led the 
volunteers to war in 1812, and who, thirty years afterwards, en- 
countered and baffled the same enemy whom he assisted to over- 
throw on the river Thames. His route was a continuous triumph, 
the more valuable because it was the spontaneous tribute of esteem 
to one who was then a private citizen, devoid of the allurements 
of official station ; and, as he approached Michigan, the people 
became enthusiastic in their preparations to receive him. The 
municipal authorities, and various civil associations, united with 
private citizens to show, in an impressive manner, their high 
appreciation of the benefits they, as citizens, had received from 
his services. 

The citizens of Detroit vied with each other and their neicrhbors 
in Ohio in their arrangements to receive him. A committee met 
him on the way at Upsilanti, and escorted him to Detroit, where 
he arrived on the fourteenth of February. A large concourse of 
citizens, with the Governor of the State, members of the Legisla- 
ture and military and civic associations, had assembled to greet 
and welcome him to his home in the City of the Straits. The 
proceedings were creditable to the people of Detroit, and gratify- 
ing to the object of their attentions. With an emotion that betrayed 
how deeply he was affected by these congratulations and manifes- 
tations of regard from his old neighbors, he spoke of the welcome 
his countrymen had given him, after seven years' absence beyond 



/ 



4S6 LIFE AND TIMES 

the seas, and remarked — "from the time I set foot upon my native 
shore at Boston, to this last manifestation of good will, I have to 
acknowledge the spontaneous proofs of regard everywhere shown 
to me, and the recollection of which will disappear but with the 
termination of life." 

At the conclusion of the ceremony of reception, he was escorted 
by the battalion of Frontier Guards, and a long procession of citi- 
zens, to his rooms at Dibble's Exchange. 

We have before observed that the personal relations subsisting 
between General Cass and Louis Phillippe were of a cordial char- 
acter. They became so in consequence of the extraordinajy exer- 
tions made by the American Minister to gain the ear of the king 
in the diplomatic circle ; and each became more and more person- 
ally interested with the other as the acquaintance progressed ; 
the former, because the king, from his own knowledge, could 
appreciate, and did appreciate, with all the enthusiasm of an 
enraptured traveler, the exjjansive country which the Minister had 
the honor to represent at the French capital. 

Louis Phillippe ajDpeared to take delight in recounting his 
reminiscences of the mountains, valleys, and forests of America ; 
and, what may seem surj^rising to most republicans, held in high 
personal respect the laws and institutions of the United States. 
Impressed with these sensations, it is not for us to apologize for 
his career on the throne of excitable France. A bric^ht mornine: 
of hope dawned uj^on the commencement of his reign ; the dark 
pall of (to him) an endless night shrouded its termination. 

A letter from him to General Cass, given below, shows that we 
do not mistake his views, or their social position to each other. 

"Neuilly, 13th July, 1838. 

" My Dear General : — I return, with many thanks, the letter 
vou were so ffood as to leave for me with General D'lloudetot. I 
have also to thank Mr. Lewis, since the contents of his letter gave 
rae such satisfaction that I read it over to the queen and to my 
family. The general suffrage of tlie American nation in favor of 
my son, is very gratifying to us. I only regret that he could not 
stay longer in America, but I will send him there again. 

" In the first place, to express his gratitude and mine for the 
attentions of which he has been the object, and also to express the 
high sense I entertain of the recollections kept of me in America, 



OF LEWIS CASS. 487 

and which were so kindly manifested to my son, and, in the next 
place, my dear General, because my own experience has taught 
me that America and England are good schools, and that much 
may be learnt in that intercourse which could not be acquired 
elsewhere. 

" Believe me, sir, very sincerely, 

" Your affectionate 

"Louis Phillippe. 
"General Cass, &c., &c., &c." 



488 LIFE AND TIMES 



CHAPTER XXX. 

rrivate Affairs — General Cass' Pecuniary Troubles — Ilig Wish — Named for the Presidency — Letter to 
the Indiana Committee — The Chicinnati Meeting — General Jackson's Letter. 

After an absence of twelve years, seven of which were spent in 
foreign lands, General Cass again found himself at his home in 
Detroit. During this time great changes had occurred. Many 
of his old cherished neighbors and personal friends had gone the 
way of all flesh ; some had removed further west. The city limits 
were enlarged, new streets opened, and buildings erected. The 
young men of the schools had grown to manhood, and now were 
the business men of the town. New faces met him upon every 
hand. Still the old landmarks remained, and the same wide river 
flowed along the quays. It was Detroit, and he was glad once 
more to be at home. Nearly forty years had elapsed since his 
public career began, and now, for the first time during all that 
eventful period, he was divested of official care tend responsibility. 
He was a private citizen. He could now devote some attention 
to his private afi'airs ; and, unfortunately, it was needed. 

The five hundred acres of land, known as the Cass farm, pur- 
chased in 1816 for twelve thousand dollars, had, to a great extent, 
been subdivided into city squares, streets, and lots, and sold to 
divers purchasers upon credit. The pecuniary embarrassments 
that convulsed the business relations of the country, had overtaken 
them ; and, in most instances, the land reverted to General Cass, 
encumbered wath taxes and municipal assessments. He had been 
under the necessity, while a resident in France, to resort to his 
private resources to meet the expenditures. The salary was insuf- 
ficient. He came home, therefore, in straightened circumstances, 
pecimiarily. He had hoped to find his debtors prosperous, and 
able to hold the lots of land sold to them. It was otherwise. To 
add to his perplexities, thirty-two thousand dollars — a part of it his 
paternal inheritance — deposited in the Bank of Michigan when 
he was about to depart for Europe, were irrevocably lost, by the 



OF LEWIS CASS. 489 

failure and utter bankruptcy of that institution. To avail himself 
of the use of his landed estate, it was necessary to discharge the 
liens of the State and city, and make improvements. He had not 
the money at his command to do this, and it was necessary to 
resort to a loan. He applied to his friend Ward, a banker in 
Wall street, for the limited sum of three thousand dollars. The 
application was flatly denied. This was the more inexplicable to 
the General, for the security was abundant ; he had, in other days, 
rendered Mr. Ward some kind offices, and the banker, he thought, 
had the money. A kind friend, however, voluntarily came forward, 
upon whom General Cass had not the slightest claims, and fur- 
nished the desired accommodation. With this he stemmed the tide 
of adversity. 

It required effort, however, to do so. He was sixty years of 
age, with a family of children, for whom he would be glad to leave 
an inheritance that should shield them from want. At any rate, 
he would wish to feel, when he left them, that his son and three 
daughters, two of whom were married, were not entirely thrown 
upon the charities of the people. To the attainment of this, he 
proposed to devote the residue of his life. Pecuniaiy misfortune, 
for the first time, had crossed his path. And when, seven years 
before, he bade his native land adieu for a season, he had consoled 
himself with the reflection, that, let what would happen, he had 
placed the proceeds of his father's estate upon the banks of the 
Muskingum, w^here they would be kept safe for his own descend- 
ants. Alas! the uncertainty of all human expectation. 

But, although out of office, he soon found that it was quite diffi- 
cult to withdraw his mind from public concerns. The people 
appeared to be indisposed to allow him to remain in retirement; 
and constantly he was in the receipt of letters asking for his views 
upon political toj)ics. Circumstances beyond his own control 
made his name prominent among the number of eminent states- 
men from whom the selection of the next chief magistrate would 
be made. His own wish was to be let alone. If he ever, in the 
course of events, was to occupy the Presidential chair, he would 
prefer to postpone the time. He desired official repose, and an 
opportunity to pay some little attention to his own private affairs. 
But the more he protested the greater was the ardency of his 
friends. He vacillated, and finally concluded to let events take 
their own course. 



^ 



490 LIFE AND TIMES 

As he reached Columbus, Ohio, on his way homeward, he was 
met with a letter from the Democratic State Convention of the 
State of Indiana. This letter requested his views upon four points, 
namely — the propriety of a national bank, the distribution of the 
public lands among the States, the subject of a protective tarifl', 
and constitutional amendments. He did not object to giving his 
views specifically and fully, but he was aware that their publicity 
would create the impression that he was not indifi'erent in his as- 
piration to the Presidency. Still, he was told that his sentiments 
would do good in shaping public opinion upon these subjects — 
especially in Indiana, where he was so well and so favorably 
known, — and therefore it was his duty to give them, without stop- 
ping to calculate their effect upon the Presidency, so far as he was 
personally concerned. The Democratic party in Indiana were in 
a minority in that State; it was situated in the heart of the west, 
and the ascendancy of correct political principles, in all that region, 
was desirable. The source from whence the request came entitled 
it to his respect, and he gave the following reply. 

"Columbus, Ohio, Feb. 8th, 1843. 

" Gentlemen : — Your letter, enclosing the resolutions of the 
Democratic Convention of the State of Indiana, was addressed to 
me at Washington, but did not reach that city till after I had left 
there. It was then forwarded to me at this place, and in conse- 
quence of having stopped on the route, considerable delay has 
occurred in its receipt. I make this explanation to account for 
that delay. 

" I shall now proceed to answer the questions proposed by the 
convention, briefly, but frankly, satisfied it will be more agree- 
able to yourselves, and your colleagues of the convention, that I 
should be explicit, than that I should be led into tedious dis- 
sertations. 

" With respect to a national bank, I have to remark that I have 
always entertained doubts of the power of Congress to charter 
such an institution. The indirect process by which this power is 
deduced from a very general provision of that instrument, has 
never been satisfactory to me. But there is the less necessity for 
entering more in detail into the constitutional question, as it seems 
to me the public voice has pronounced itself, and justly, against 



OF LEWIS CASS. 491 

the iDcorporation of any national bank by Congress. No such 
institution should, in my opinion, be established. 

" In answer to the second question, which relates to the distri- 
bution of the proceeds of the public lands among the several . 
States, I reply, that I think no such distribution should be made. 
I will state, in a few words, the grounds of this opinion. The 
necessary revenue for the support of the government of the United 
States, must come from the people, and it must be supplied by 
direct or indirect taxation, or by the sale of public property. The 
general sentiment is opposed to direct taxation by the general 
government in time of peace; and of course there are left but the 
other two sources of supply to meet its expenses. Their proceeds 
must constitute the revenue of the country; and if one of them is 
abstracted or diminished, an additional burthen is thrown upon 
the other. Whatever sum the necessary expenses of the govern- 
ment may require, if the proceeds of the public lands make no 
part of it, the whole must be raised by taxation. If they make part 
of it, then the amount of taxation is diminished by the sum sup- 
plied by these proceeds. It follows that any proposition to divert 
the proceeds of these lands from the support of government, is, in 
fact, but a proposition to lay taxes on the people. If a permanent 
annual revenue of eighteen millions of dollars is necessary for an 
economical administration of the government, and if tM'o millions 
of these are produced by the sale of public lands, let the source of 
this supply be diverted to some other object, and these two mil- 
lions must be provided by the imposition of taxes. All this is too 
clear to need further illustration. A proposition then to distribute 
the proceeds of the public lands among the several States, is, in 
effect, but a proposition to increase the taxation of the j)eople of 
the United States through the medium of the general government, 
in order that the amount thus increased may be paid into the 
treasuries of the respective States. To me it appears perfectly 
clear, that whatever may be the annual sum produced by the sale 
of lands, that sura is a part of the revenue of the country, and that 
it is just as competent for Congress to take any other two millions, 
supposing that to be the amount, from the public treasury, and 
divide them among the States, as to select for that purpose tlje 
dollars actually produced by the land sales. It seems to me that 
such a course of action would be injurious in practice, dangerous in 
principle, and without warrant in the Constitution of the United 



492 LIFE AND TIMES 

States. The theory of our political institutions is familiar to us all. 
The governments of the confederated States have their respective 
rights and duties clearly defined, and each within its proper sphere 
is inde]3endent of the others: each raises and expends its revenue, 
and performs all the functions of a sovereign State. What right 
has one to interfere with another, unless in cases marked out by the 
Constitution itself? If the general government can provide a 
revenue for the respective States, and does provide one, it is clear 
that one great distinctive feature of our political system will dis- 
appear, and that the relations between the confederation as such, 
and the individual States composing it, will be wholly changed. 
Human sagacity can not foretell what would be the entire result of 
this state of things, but it is easy to predict that this new applica- 
tion of the money power would give to the government of the 
United States a strength never contemplated by the American 
people, and irreconcilable with our constitutional organization, 
and that it would lead to a habit of dependence on the part of the 
States, by which their efficiency to resist any encroachments of the 
general government would be paralized. Without pushing these 
considerations further, I conclude this branch of the subject by re- 
peating that, in my opinion, no distribution of the proceeds of the 
public lands should be made. 

''The subject of the protective tariff iias been so long and ably 
discussed, that it would be useless for me to do more than to give 
you the result of my views. I think, then, that the revenue of the 
government ought to be brought down to the lowest point compat- 
ible with the performance of its constitutional functions; and that 
in the imposition of duties necessary, with the proceeds of the 
public lands, to provide this revenue, incidental protection should 
be afforded to such branches of American industry as may re- 
quire it. This appears to me not only constitutional, but called 
for by the great interests of the country; and if a protective tariff 
upon this principle were wisely and moderately established, and 
then left to its own operation, so that the community could calcu- 
late upon its reasonable duration, and thus avoid ruinous fluctua- 
tions, we might look for as general an acquiescence in the arrange- 
ment as we can ever expect in questions of this complicated kind, 
when local feelings have been enlisted, which a prudent legislature 
must consult more or less, and endeavor to reconcile. 



OF LEWIS CASS. 49 



Q 



" A proposition to amend the Constitution of tlie United States, 
is one which I should always receive with great caution. There 
is already in our country too great a disposition to seek, in 
changes of the laws and Constitution, remedies for evils to which 
all societies are more or less liable, instead of leaving them to 
find their own cure in the operation of the ordinary causes which 
act upon communities. It is often better to suffer a partial in- 
convenience, than rashly to alter the fundamental principles of a 
political system. Stability is better than change, when change is 
not decidedly called for, I am not aware that the exercise of the 
veto power has, for many years, produced any injury to the public 
service. On the contrary, I think in those cases where it has been 
recently interposed, it has been properly applied, and that its 
action has been approved by a great majority of the people. I 
see, therefore, no practical evil which demands, in this respect, a 
change in the Constitution of the United States. Should, cases of 
that nature occur, it will then be time to seek the proper remedy. 

"With great respect, gentlemen, I have the honor to be your 
obedient servant, 

" Lewis Cass. 

"To Ethan A. Bkowx, Jonisr Law, Nathaniel West, John 

" Pettit, Jesse D. Bright, and A. C. Peppek, Esquires." 

In the spring of this year, a large political meeting was held in 
Cincinnati, at which an address and resolutions were adopted, 
expressing great partiality for General Cass for the Presidency. 
Mr. Yan Buren, Mr. Calhoun, Mr. Buchanan, Colonel Benton, 
and Colonel Richard M. Johnson, were named for the same j^osi- 
tion. All of them were fully qualified to administer the govern- 
ment, and members of the same party. The meeting alluded to, 
in canvassing their respective qualifications, acknowledged their 
fitness for the position, but expressed the conviction that there 
was a sectionality attached to each of them, with the exception of 
the first named, which would not fail to have its influence when 
they came before the whole people at the polls. As to Mr. Yan 
Buren, he had once held the post, with high credit to himself and 
country, it was true, but he had, as his term approached its close, 
again been presented to the suffi-ages of his fellow-citizens, and 
they, by a paramount majority, had declined to vote for his 



494 LIFE AND TIMES 

continuance. This fact, it was thought, would weaken him if once 
more brought out, and the Presidential canvass again terminate in 
his defeat. To the permanent success of the Democratic party, 
this meeting proclaimed that it was necessary to nominate the man 
who " could go before the American people, commanding the most 
heartfelt enthusiasm, and combining the most elements of success; 
and such a man is Lewis Cass — a man who exemplifies in his own 
person and history one of the best traits of our institutions." 

Meetings of a similar character, and expressive of the same 
sentiments, were held in other parts of the Union. Indeed, in a 
few months they became general and enthusiastic. In the mean- 
time, the object of all these attentions was quietly attending to his 
own private affairs at his home in Detroit. He had not seen 
General Jackson since his return from France, and thought of 
visiting his venerable friend at the Hermitage in Tennessee, when 
he received the following letter, full of approval of his course at 
the Court of St. Cloud. 

"Hermitage, July, 1843. 

"My Dear Sir: — I have the pleasure to acknowledge your 
friendly letter of the 25th of May last. It reached me in due 
course of mail, but such were my debility and afflictions, that I 
have been prevented from replying to it until now; and even now 
it is with difficulty that I write. In return for your expressions 
with regard to myself, I have to remark tliat I shall ever recollect, 
my dear General, with great satisfaction, the relations, both private 
and official, which subsisted between us during the greater part 
of my administration. Having full confidence in your abilities 
and republican princi])lcs, I invited you to my cabinet, and I never 
can forget with what discretion and talents you met those great 
and delicate questions which were brought before you whilst you 
presided over the Department of War, which entitled you to my 
tlianks, and will be ever recollected with the most lively feeling of 
friendship by me. 

" But what has endeared you to every true American, was the 
noble stand which you took, as our minister at Paris, against the 
quintuple treaty, and which, by your talents, energy, and fearless 
responsibility, defeated its ratification by France — a treaty in- 
tended by Great Britain to change our international laws, make 
her mistress of the seas, and destroy the national independence, 



OF LEWIS CASS. 495 

not only of our own country, but of all Europe, and enable her to 
become the tyrant on every ocean. Had Great Britain obtained 
the sanction to this treaty, {with the late disgraceful treaty of 
Washington — so disreputable to our national character, and 
injurious to our national safety,) then, indeed, we might have hung 
up our harps upon the willow, and resigned our national indepen- 
dence to Great Britain. But, I repeat, to your talents, energy, 
and fearless responsibility, we are indebted for the shield thrown 
over us from the impending danger which the ratification of the 
quintuple treaty by France would have brought upon us. For this 
act, the thanks of every true American, and the applause of every 
true republican, are yours; and for this noble act I tender you 
my thanks. 

" Receive assurance of my friendship and esteem. 

"Andrew Jackson." 

It would be difficult for one to write a letter expressing sincerer 
or warmer friendship and respect. And it was the more gratify- 
ing to General Cass' feelings, because it so efiectually annihilated 
the impudent rumor set afloat by impudent persons, that he stood 
at a low mark with General Jackson, and that the latter had posted 
him to France to get rid of him. The truth is — and so it was 
known to be by General Jackson's intimate friends in Tennessee 
— that General Cass was the adviser, on extraordinary occasions, 
all the while he was Secretary of "War. But what gave greater 
value to this letter, in the estimation of General Cass, at this 
particular time, was the unqualified approval it contained of his 
course towards Britain's claim to the right of search, and of its 
unqualified disapproval of the disgraceful treaty of Washington. 
It was on this subject that General Cass felt the greatest interest 
then, and in relation to which he had the greatest desire to hear 
from valued friends. General Jackson, in the quiet groves of the 
Hermitage, had watched the progress of British diplomacy, and 
duly estimated the herculean difiiculties with which our minister 
had been environed. And as a friend both to him and his country, 
the venerable patriot felt that, if his government would not stand 
by him, the people would do so, and for one, he did, with all his 
heart. 



4:96 LIFE AND TIMES 



CHAPTER XXXI. 

General Cass delivers an Oration at Fort Wayne — The Celebration — Preparations for the Presidential 
Election — The Candidates — The Texas Question — General Cass' views — The National Democratic 
Convention of 1S44 — Letter of General Cass to the Delegates from Michigan — Tlie Wliig Convention 
—The Democratic Ticket — Support of General Cass — The Result. 

On the foiirtli of July, 1843, General Cass delivered an oi-ation 
at Fort AYajne, Indiana, on the occasion of the celebration of the 
completion of the Wabash and Erie Canal — tlie nnion of the lakes 
and of the Mississippi. Thousands of his fellow-citizens, far and 
near, came out to see and hear him. It was a proud day for the 
States of Ohio and Indiana — the two sister and contiguous States 
that projected and completed the great communication — and it 
was a proud day for him. Onward^ he told them, was the mighty, 
word of our age and country. He entertained his vast audience 
with sublime thoughts and words of eloquence. He told them 
what the country they inhabited was, forty years before, and '• to- 
day," said he, " a new work is born ; a work of peace and not of 
war. We are celebrating the triumph of art, and not of arms. 
Centuries hence, we may hope that the river you have made 
will still flow both east and west, bearing upon its bosom the 
riches of a prosperous people, and that our descendants will come 
to keep the day which we have come to mark. Associations are 
powerful in the older regions of the Eastern continent. They, 
however, belong to the past. Here they are fresh and vigorous, 
and belong to the future. There, hope is extinct, and history has 
closed its record. Here we have no past. All has been done 
within the memory of man. Our province of action is the j)res- 
ent, of contemplation, the future. No man can stand upon the 
scene of one of those occurrences which has produced a decisive 
eifect upon the fate of nations, and which history has rendered 
familiar to us from youth, without being withdrawn from the 
influence of the present, and carried back to the period of conflict, 
of doubt, and of success, which attended some mighty struggle. 
All this is the triumph of mind, tlie exertion of intellect, which 



OF LEWIS CASS. 

elevates us in the scale of being, and furnishes us with another 
and pure source of enjoyment. Even recent events, round which 
time has not gathered its shadows, sanctify the i^laces of their 
origin. What American can survey the field of battle at Bunker 
Hill, or at New Orleans, without recalling the deeds which will 
render these names imperishable? Who can pass the islands of 
Lake Erie, without thinking upon those who sleep in the waters 
below, and upon the victory which broke the power of the enemy, 
and led to the security of an extensive frontier? There, no mon- 
ument can be erected, for the waves roll, and will roll, over them. 
I have stood upon the plain of Marathon, the battle-field of liberty. 
It is silent and desolate. ]S!"either Greek nor Persian is there to 
give life and animation to the scene. It is bounded by sterile 
hills on one side, and lashed by the eternal waves of the yEgean 
sea on the other. But Greek and Persian were once there, and 
that dreary spot was alive with hostile armies who fought the great 
fight which rescued Greece from the yoke of Persia. And I have 
stood also upon the hill of Sion, the city of Jerusalem, the scene of 
our Kedeemer's sufferings, and crucifixion, and ascension. But the 
scepter has departed from Judah, and its glory from the capital 
of Solomon, The Assyrian, the Egyptian, the Greek, the Koman, 
the Arab, the Turk, and the crusader, have passed over this chief 
place of Israel, and have reft it of its power and beauty. But 
here we are in the freshness of youth, and can look forward, with 
rational confidence, to ages of progress in all that gives power and 
pride to man, and dignity to human nature. No deeds of glory 
hallow this region; but nature has been bountiful to it in its gifts, 
and art and industry are at work to improve and extend them. 
You can not pierce the barrier which shuts in the past and sepa- 
rates you from by-gone ages : but you have done better than 
that, you have pierced the barriers which isolated you and sepa- 
rated you from the great highway of nations. You have opened 
a vista to the Atlantic and the Gulf of Mexico. From this 
elevated point, two seas are before us, which your energy and 
perseverance have brougiit within reach. It is better to look 
forward to prosperity than back to glory. To the mental eye, no 
prospect can be more magnificent than here meets the vision. I 
need not stop to describe it. It is before us, in the long regions 
of fertile land which stretch off to the east and west, to the south 

and north; in all the advantages which Providence has liberally 
32 



498 LIFE AXD TIMES 

bestowed upon them, and in the changes and improvements which 
man is making. The forest is fading and falling, and towns and 
villages are rising and flourishing; and, better still, a moral, intel- 
ligent, and industrious people are spreading themselves over 
the whole face of the country, and making it their own and their 
home. 

"Ancl what changes and chances await us? Shall we go on, 
increasing, and improving, and united ? or shall we add another 
to the list of the republics which have preceded us, and which 
have fallen the victims of their own follies and. dissensions? My 
faith in the stability of our institutions is enduring, my hope is 
strong: for they rest upon public virtue and intelligence. There 
is no portion of our country more interested in their preservation 
than this, and no one more able and willing to maintain them. 
We may here claim to occupy the citadel of freedom. No foreign 
foe can approach us. And while the West is true to itself and 
its country, its example will exert a powerful influence upon the 
whole confederation; and its strength, if need be, will defend it." 

Tliroughout the year 1843, the public mind became absorbed in 
the Presidential election, and the politicians of both the Whig and 
Democratic parties were active in preparing for the nominating 
conventions. The Whigs were, to a great extent, disappointed 
with the national administration. They had achieved success in 
1840, but Harrison's death disconcerted all their plans, and it was 
a barren victory. Mr. Tyler vetoed the bill for the re-charter of 
the United States bank, despite the protest of Mr. Clay and other 
eminent statesmen of the Whig school. This act of Mr. Tyler's 
produced an immediate collision, and resulted in an abandonment 
of the administration by the Whigs, in most of their strongholds 
throughout the Union. To sustain himself, Mr. Tyler removed 
many of the supporters of Harrison from ofiice, and substituted 
Democrats in their stead. This course of j^olicy brought down 
npon him the opprobrium of the Whig press: but as the Democrats 
approved of the veto, this, with the bestowal of the patronage, 
awakened much sympathy. But the political policy of the Pre- 
sident diverted many Whigs from their accustomed allegiance, 
and encouraged the Democrats to look forward to the election 
of 1844 with more sanguine expectation of success. This, as 
an inevitable consequence, caused greater emulation among the 
Democratic aspirants for ofiicial station, and thus, as the time 



OF LEWIS CASS. * 499 

approached for the primary assemblages, unprecodeuted activity 
prevailed; especially so in the northern States, where the caucus 
dictates what shall be done, and from whose decree, by common 
consent, there was no appeal, so far as the internal arrangements 
of the party were concerned. 

The Presidency was the theme of political conversation in every 
locality. It was soon well settled that Mr. Clay would be the 
nominee of the Whigs, and all that remained for a formal presen- 
tation of his name to the people was the holding of a national con- 
vention. The partizans of the President were known as the TyleT 
party ^ acting under a distinct organization, leaving the Whigs 
proper a unit in their action and councils. The condition of the 
Democratic party was different. Many were j)artial to Mr. Van 
Buren. They regarded his defeat in 1840 as more truly ascrib- 
able to corruption and deception, than want of confidence in him 
personally, or opposition to the measures of his administration ; 
and they believed that the people, in their "sober second thought,'- 
would reverse the decision, if an opportunity was afforded in 1844. 
Besides, they felt that it would be a just rebuke to fraud and 
incompetency; and that no more unwelcome punishment could be 
inflicted upon the Whig party, than to elect the man whom they 
had beaten so badly in the previous campaign. His warmer 
adherents declared that the nomination of Mr. Yan Buren would 
produce in the Democratic ranks "ardor and enthusiasm," and 
that the masses would rally with an alacrity and enthusiasm that 
would be resistless. Among his friends were many able states- 
men and adroit political tacticians : men of experience in man- 
agement and thoroughly conversant with all the facilities for 
manufacturing public opinion. Conventions, in many States, 
were held early, and the delegates to the National Democratic 
convention appointed in the regular way. Resolutions were 
passed indicating a preference for Mr. Van Buren, and it was 
ascertained, in the winter of 1844, some three months j)rior to the 
time designated for the holding of the convention, that a majority 
of the delegation was favorable to Mr. Van Buren. 

When the canvass for the nomination had reached this point, 
the people began to pause, and reflect upon the chances of success. 
It was apparent that the heart of the masses did not respond to 
the preference which had thus been given in the conventions ; 
and far-seeing politicians began to doubt the propriety of the 



500 • LIFE AND TIMES 

nomination of Mr. Van Buren when the national convention should 
assemble. They feared defeat ; it stared them in the face ; and 
more or less murmuriugs were heard. The people began to get 
together and give utterance to this feeling of distrust. Meetings 
of towns and counties were held in various sections of the country, 
in efiect nullifying the action of their delegates in convention, and 
declaring their choice to lie in some other direction. 

In the meantime, the President had opened a negotiation with 
the authorities of Texas, with reference to the admission of that 
country into the Union as a sovereign State. Public opinion was 
divided upon the question of annexation. Statesmen and poli- 
ticians difi'ered. Some were in favor of admission if slavery was 
abolished in the territory; others, not at j)resent, but by and by; 
whilst a third class pronounced for immediate annexation, taking 
the country and its institutions as they were. The first class of 
objectors belonged to the Whig and Abolition parties ; the other 
two to the Democratic. Hence, the latter party was inharmonious 
upon an important measure — upon a question of principle. Large 
and enthusiastic meetings were held in many places, and the ques- 
tion, who, of the men named for the Presidency were in favor of 
the im.inediate annexation of Texas, assumed shape, and letters of 
inquiry, and the answers thereto, were published to the world. 
A majority declared for immediate annexation. Mr. Yan Buren 
was opposed to it. The Sage of the Hermitage, though not a can- 
didate for office, came forth from his retirement, and energetically 
advocated the measure. 

General Cass was among the number interrogated, and, in a 
responsive letter to Mr. Hannegan, then in Congress, he declared 
his opinion in the following unequivocal language : 

"Detroit, May 10th, 1844. 

" Dear Sir : — In answer to your inquiry whether I am favorable 

to the immediate annexation of Texas to the United States, I reply 

that I am. As you demand my opinion only of this measure, and 

J briefly the reasons which influence me, I shall confine myself to 

these points. 

" I shall not dwell upon the policy of uniting coterminous coun- 
tries situated like ours and Texas, with no marked geographical 
features to divide them, and with navigable streams penetrating 
the limits of both ; nor upon the common origin of the peojile who 



OF LEWIS CASS. 501 

inhabit them ; upon the common manners, language, religion, 
institutions, and, in fact, their identity as a branch of the human 
family. ITor shall I urge the material interests involved in the 
measure, by the free intercourse it would establish between the 
various sections of a vast country mutually dependent upon and 
supplying one another. These considerations are so obvious that 
they need no elucidation from me. 

"But, in a military point of view, annexation strikes me as still 
more important, and my mind has been the more forcibly im- 
pressed with this idea from reading the able letter of General 
Jackson upon this subject, which has just come under my obser- 
vation. With the intuition which makes part of the character of 
that great man and pure patriot, he has foreseen the use which a 
European enemy might make of Texas in the event of a war with 
the United States. A lodgment in that country would lay open 
the whole south-western border to his depredations. We could 
establish no fortress nor occupy any favorable position to check 
him, for the immense frontier may, in a vast many j^laces, be 
crossed as readily as a man jDasses from one part of his farm to 
another. The advantages an active enemy would enjoy, under 
such circumstances, it requires no sagacity to foretell. 

"These considerations recall to my memory an article which 
made its appearance just before I left Europe, in a leading tory 
periodical in England, which is understood to speak the senti- 
ments of a powerful party. This is Frazer's Magazine, and a more 
nefarious article never issued from a profligate press. It ought 
to be stereotyped, and circulated from one end of our country to 
the other, to show the designs which are in agitation against us, 
and to teach us that our safety, in that mighty contest which is 
coming upon us, is in a knowledge of our danger, and in a deter- 
mination, by union and by a wise forecast, to meet it and defeat 
it. The spirit of this article is sufficiently indicated by its title, 
which is 'A War with the United States a Blessing to Mankind.' 
I can not refer to it at this moment, but must speak of it from 
recollection. I have often been surprised it has not attracted more 
attention in our country. Its object was to excite a war with the 
United States, and to lay down the plan of a campaign which 
would soonest bring it to a fortunate conclusion for England. The 
basis of this plan was the organization of a necessary black force 
in the West India islands, and its debarkation upon our southern 



502 LIFE AND TIMES 

coast. The consequences which our enemies fondly hoped for in 
such a case, but with an entire ignorance of the true state of the 
country, were foretold with a rare union of philanthropy and 
hatred. I wish I had the number at hand, to cull some choice 
passages for your reflection. The result was to be the destruction 
of the Southern States, the ruin or depression of others, and the 
dissolution of this great and glorious confederacy, on which the 
last hopes of freedom through the world now rest. 

"What more favorable position could be taken for the occupa- 
tion of English black troops, and for letting them loose lipon the 
Southern States, than is afibrded by Texas ? Incapable of resist- 
ing, in an event of a war between us and England, she would be 
taken possession of by the latter under one or another of those 
pretenses every page of her history furnishes, and the Territory 
would become the depot whence she would carry on her opera- 
tions against us, and attempt to add a servile war to the other 
calamities which hostilities bring with them. He who doubts 
whetlier this would be done, has yet to learn another trait in the 
annals of national antijmthy. It would be done, and would be 
called philanthropy. 

"Every day satisfies me more and more that a majority of the 
American people are in favor of annexation. Were they not, the 
measure ought not to be effected. But as they are, the sooner it 
is efected the hetter. I do not touch the details of the negotiation. 
That must be left to the responsibilities of the government, as also 
must the bearing of the question upon its reception by other coun- 
tries. Those are points I do not here enter into. 

" I am, dear Sir, respectfully, 

" Your obedient servant, 

" Lewis Cass. 

" Hon. Edward Hannagan." 

The Democratic national convention convened at Baltimore, 
in May, 1844. The ballotings disclosed the fact that Messrs. Yan 
Buren, Cass, Richard M. Johnson, Buchanan, Woodbury, Cal- 
houn, and Stewart, severally had supporters in the convention. 
The first two, respectively, received the most votes. The conven- 
tion adopted the rule of the conventions of 1832 and 1835, 
requiring the nominee to be chosen by two-thirds of the members 
voting. There were two hundred and fifty delegates, and the 



OF LEWIS CASS. 



503 



requisite two-third number was one hundred and seventy-six. On 
the first ballot, Mr. Yan Buren had much the largest vote, but not 
within twenty of the required number. As the balloting pro- 
ceeded, General Cass gained strength, and on the seventh ballot, 
received twenty-four votes more than Mr. Yan Buren. On the 
eighth ballot, Massachusetts cast five, Pennsylvania two, Maryland 
one, Alabama nine, Louisiana six, and Tennessee thirteen votes 
for James K. Polk of Tennessee. The announcement of the result 
of this ballot created a sensation. The name of Mr. Polk had not 
before been mentioned publicly for the Presidency, and bringing 
it forward at this juncture, presented an opportunity to the sup- 
porters of Messrs. Cass and Yan Buren, of uniting upon a candi- 
date that would be acceptable, imder the circumstances, to the 
friends of those gentlemen throughout the country. The conven- 
tion proceeded to the ninth ballot, during which the I^ew York 
and Yiro-iuia deleo;ations withdrew for consultation. New York 
had uniformly and unanimously supported Mr. Yan Buren, and 
Yirginia had steadily cast her vote for General Cass : upon their 
return into the convention, both States cast their vote for Mr. 
Polk. 

That there might be no obstacle in the way of an unanimous 
choice of a candidate bv the convention, General Cass had author- 
ized his name to be withdrawn ; and at this stage of the proceed- 
ings, Edward Bradley, a delegate from Michigan, produced the 
following letter, which was read to the convention and received 
with applause. 

"Detroit, May lOtli, 1844. 

"Gentlemen: — It is possible that my name, among others, may 
come before the convention which is about to meet at Baltimore. 
I am at a distance, and can do nothing to meet the contingencies 
which may arise during its discussion. You will all do me the 
justice, I am sure, to say that I have taken as little part in passing 
events as it was possible for any man in my position to take. I 
have sat still, quietly awaiting the result, and determined to be 
satisfied with it, whatever it might be. 

"Though your first choice for President has been directed to 
the eminent statesman who has already so ably administered the 
government, still it is possible that circumstances afiecting neither 
his services nor his merits may induce you to seek some other 



504 LIFE AND TIMES 

candidate, and in that event, if State pride should not supply mj 
other deficiencies and lead your attention to me, it may yet create 
some interest in my position, and a desire that I should dishonor 
neither myself, our party, nor the State. I have thought, there- 
fore, I might so far calculate upon your indulgence, as to briefly 
lay before you my sentiments under existing circumstances, and 
to ask your aid in carrying my intentions into efi'ect. 

" I never sought the Presidency of the United States. When 
in France, I declined being a candidate, in answer to an applica- 
tion made to me by a respectable committee of citizens of Phila- 
delphia, When I returned, I found my name was before the 
country, and the matter seemed to have passed beyond my con- 
trol. I often regretted this, and frequently vacillated respecting 
the course I ought to adopt, till time and events took from me the 
power of decision. I mention these impressions to show you that 
in reaching the conclusion at which I have now arrived, and 
am about to announce to you, I have made no. sacrifice of feeling, 
and shall experience no regret. 

"We can not shut our eyes to the fact that dissensions exist in 
the ranks of our party, which threaten its defeat. Without form- 
ing any opinion respecting their origin and progress, their exist- 
ence is enough to excite the solicitude of all who believe that the 
prosperity of the country is closely connected with the success of 
the Democratic party. 

"1 hope and trust that a wise spirit of conciliation will animate 
the Baltimore convention, and that its decision will restore to us 
harmony and confidence. But I have determined not to be in the 
way of this desirable result. And it is the purpose of this letter 
to announce to you this resolution. Should it be thought by the 
convention, with reasonable unanimity, that the party had better 
present my name to the country, I shall submit, and prepare my- 
self for the contest. Bat if there is such a division of opinion on 
the subject as to show that a hearty and united exertion would 
not be made in my lavor,I beg you to withdraw my name M'ithout 
hesitation. We shall need all our force in the coming struggle. 
If that is exerted, we shall succeed ; if not, we shall fail. I will 
neither put to hazard the Democratic party, nor have any agency 
in bringing the election into the House of Representatives, — one 
of the trials to be most dejDrecated under our Constitution. 



OF LEWIS CASS. 505 

"These, gentlemen, are my views, and, if necessary, I beg you 
to announce them, and to declare me not a candidate, in case there 
is not reasonable hope that the j^arty will unite in my favor. I 
do not doubt that in such an event my friends will abandon all 
personal predilection, and prove their devotion to principles, by 
a zealous support of the nominee of the convention. 

" With great regard 

" I am, gentlemen, 

" Your obedient servant, 

"Lewis Cass. 

" To the Delegates from the State of 

" Michio;an, to the Baltimore Convention." 

In compliance with the request contained in this letter, the 
deleo-ates from Michigan withdrew the name of General Cass from 
the list of candidates, and the delegates from New York withdrew 
the name of Mr. Yan Buren. Mr. Polk was then unanimously 
nominated for President. This was followed by the nomination 
of Silas Wright for Yice President; but this gentleman, who was 
in Washington, peremptorily declined, and George M. Dallas, of 
Pennsylvania, was nominated in his stead. 

The Whig convention nominated Mr. Clay for President, and 
Theodore Frelinghuysen, of New Jersey, for Yice President. 
The Presidental canvass was now fairly opened. It was Polk — 
surnamed Young Hickory — and Dallas, on the one side; and Clay 
and Frelinghuysen on the other. The contest, from the start, was 
animated all over the Union. Annexation of Texas and the tariff 
were the two leading issues. The Whio-s evaded the bank 
question, and the Democrats, considering that subject defunct, 
did not press it, although it was often referred to in their sjjeeches 
and resolutions. 

The friends of Mr. Yan Buren — especially his confidential 
friends — were disappointed at the result of the convention, and 
chagrined. They knew that a majority of the delegates were 
instructed, impliedly or expressly, to cast their votes for him, and 
they had anticipated a different result. But, after reflection upon 
the cause of this discomfiture, it was evident that the Texas 
question had intervened, and to this alone was to be ascribed the 
preference of the convention. 



506 LIFE A]!^D TIMES 

As soon as the announcement of the ticket reached the people 
at home, they rallied to its support with enthusiasm. Katitication 
meetings were held in all the large cities and towns, and arrange- 
ments immediately made to perfect a thorough organization. 
When the news reached Detroit, the democracy of that city, over- 
looking their own disappointment in not having their distinguished 
and favorite candidate presented to the electors of the country, 
rallied en masse to respond to the nomination. General Cass came 
forward from his retirement, and addi-essed his fellow Democrats, 
and asked for the ticket an energetic and hearty support. " He 
had come there," he said, "to take part in the proceedings, to 
express his hearty concurrence in the nominations made by the 
Baltimore Democratic convention, and to announce the determina- 
tion faithfully to support them. The Democratic party had just 
passed through a crisis which served to prove the integrity of its 
principle, and the internal strength of its cause. After many 
differences of opinion, differences, however, about men, and not 
measures, the convention had chosen a man whose private char- 
acter was irreproachable, and who, in various public stations, had 
given proof of his ability, and firmness, and devotion to those 
principles which the Democratic j^arty deemed essential to the 
prosperity of our own country and the perpetuation of her free 
institutions. Nothing now is wanting to ensure success, but united 
exertion, and that we must and will have. Let us put behind us 
the divisions and preferences of the past, and join in one common 
efibrt to promote the triumph of our cause. Victory is in our 
power, and let us attain it. Let every one feel and fulfill his 
duty." 

General Cass did not confine his efforts in support of the nomi- 
nation to his own home. He took the stiunp^ and traversed 
Michigan, Indiana, and Ohio, urging the people, with argument 
and eloquence, to cast their votes for Polk and Dallas. The cam- 
paign is noted for the very large gatherings of the people to hear 
what was to be said on both sides ; and as the day of election 
approached, the two political parties vied with each other to get 
up the largest. In August an immense concourse of the friends of 
the Democratic ticket assembled at Nashville, and many of the 
most distinguished advocates of this ticket came there from the 
different sections of the Union. Among them was General Cass: 
and he availed himself of this opportunity to visit his respected 



OF LEWIS CASS. 507 

friend at the Hermitage. General Jackson was right glad to see 
him, and he had a delightful visit. 

In his journey to and from Nashville, General Cass met with 
many of his old comrades in the wars. And numerous are the 
interesting anecdotes related. The following we re-produce, as 
evincive of character. 

When at Norwalk, Ohio, while a number of revolutionary 
soldiers were being introduced to the General, one asked if he 
remembered him. Upon receiving a reply in the negative, the 
old soldier gave the following account of their first meeting: " In 
the spring of 1813, Fort Meigs was besieged by the British and 
Indians, and the Ohio militia were called out to march to the relief 
of the fort. General Cass was appointed to the command. The 
marshes and woods were filled with water, making the roads al- 
most impassable. The commanding general had not yet arrived, 
but was daily expected. On the second day of the march, a young 
soldier, from exposure to the weather, was taken sick. Unable to 
march in the ranks, he followed along in the rear. When at a 
distance behind, attempting, with difiiculty, to keep pace with his 
comrades, two oflScers rode along, one a stranger, and the other 
the colonel of the regiment. On passing him, the colonel re- 
marked: ' General, that poor fellow there is sick; he is a good 
fellow though, for he refuses to go back ; but I fear that the Indians 
will scalp him, or the crows pick him, before we get to Fort Meigs.' 
The ofiicer halted, and dismounted from his horse. When the 
young soldier came up, he addressed him : ' My brave boy, you 
are sick and tired ; I am well and strong ; mount my horse and 
ride.' The soldier hesitated. ' Do not wait,' said the ofiicer, and 
liftino; him on his horse, with directions to ride at night to the 
General's tent, he proceeded to join the army. At night, the young 
soldier rode to the tent, where he was met by the General with a 
cheerful welcome, which he repaid with tears of gratitude. That 
ofiicer was General Cass, and the young soldier is the person now 
addressing you. My name is John Laylin." The General, re- 
membering the circumstance, immediately recognized him. Mr, 
Laylin added : " General, that deed was not done for the world to 
look upon ; it was done in the woods, with but three to witness it." 

Another. Tiie carriage containing General Cass was one day 
stopped by a man who said, " General, I can't let you pass without 
speaking to you. You don't know me?" General Cass replied 



508 LIFE AND TIMES 

that lie did not. " Well, sir," said the man, " I was the first man 
in yonr regiment to jmnp out of the boat on the Canadian shore." 
" No, you were not," said the General, " I was the first man myself 
on shore." " True," said the other, " I jumped out first into the 
river, to get ahead of you^ but you held me back, and got ahead 
of meP 

On his way back to Detroit, he daily harangued the people 
that assembled in crowds to see him, to stand fast to their political 
integrity, and give the nominees of the Democratic convention a 
cordial and effective support. He called upon them to discard all 
jealousy — to sever themselves from all disaffection — and, in solid 
column, move forward to victory. Such an exhibition of disin- 
terestedness influenced many a wavering Democrat to pursue 
firmly the line of duty, and sacrifice his personal inclinations 
upon the altar of principle. It was said that these personal eflorts 
of General Cass determined the electoral vote of Indiana. It was 
cast for Polk and Dallas, as well as the vote of Michigan. Mr. 
Polk, in many localities, was comparatively unknown among the 
masses of the people. 

These efforts, as well as the cheeiful acquiescence and approval 
expressed by the other gentlemen whose names had been presented 
to the Democratic convention, beyond question contributed pow- 
erfully to the success which followed, in the elevation of James K. 
Polk to the Chief Magistracy, by an expressive majority over the 
popular and eloquent Whig leader, Henry Clay. 



OF LEWIS CASS. 509 



CHAPTER XXXn. 

General Cass elected Senator — President Polk — His Message — The Monroe Doctrine — General Cass' 

Views — llis Speech to the Senate. 

The official term of Augustus S. Porter, as a senator of the 
United States from the State of Michigan, was to expire on the 
third of March, 1845. As soon as it was known that Mr. Polk 
was elected, a canvass commenced, and speculation was rife with 
rumors in relation to his cabinet. It was well understood that 
none of the then heads of Departments at "Washington would be 
invited to remain. An entire change would take place. The 
names of many eminent men were suggested. Public expecta- 
tion pointed to General Cass as the premier. But the people of 
Michigan desired to have tbe benefit of his services in the Senate, 
and were desirous that the Legislature should elect him as the 
successor of Mr. Porter. There was no occasion for any anxiety 
on this point, for long before the day for the Legislature to act, 
it was perfectly apparent what that action would be. Indeed, 
there was but one sentiment on the subject ; and in due course 
of time, the Legislature, in compliance with public opinion, 
elected General Cass to serve as a senator of the United States 
from Michigan, for six years from the fourth of March, 1845. 
Every Democratic member of the Legislature, save two in the 
Senate, voted for him, and his election was regarded as unanimous. 
He proceeded to Washington, and took his seat in the Senate 
of the United States at the executive session called upon the 
inauguration of Mr. Polk. 

The first session of the 29th Congress commenced on the first 
Monday of December, 1845, and this was the first regular meeting 
of Congress under the new administration. General Cass was in 
attendance at the commencement of the session. He entered upon 
a new field of ofiicial labor. His experience as a legislative 
debater was limited, for it was comprised in tlie single term he 



< 



510 LIFE AND TIMES 

served as a member of Assembly in tlie Ohio Legislature in 
1806-7. He was now associated with the ablest men of the land. 
The briglitest intellects of the country were there — minds long ac- 
customed to parliamentary tactics, and of commanding influence. 
He appreciated his position and its embarrassments. He was 
fully aware, also, that nothing he might say or do in that body 
would escape the attention of his fellow-citizens. He was, there- 
fore, to act carefully, and at the same time be up to his duty, with 
firmness and intelligence. 

The President, in his annual message, informed Congress that 
it was his determination, in regard to the interference of foreign 
powers in American affairs, to adhere to the Monroe doctrine. 
He reminded the two Houses that neither the people of the United 
States, nor their government, could view with indifference the 
attempt of any European power to interfere with the independent 
action of the nations on this continent. The subject was recom- 
mended to the attention of congress, and senator Allen, of Ohio, 
a member of the Committee on Foreign Afiairs, asked leave 
to introduce into the Senate a joint resolution declaratory of the 
principles by which the government of the United States would 
be guided in respect to the interposition of the powers of Europe 
in the political affairs of America on this continent. The question 
upon granting leave, came up for discussion on January 26th, 
1846. It produced a debate which extended through many days. 
The leading members took part in the debate. General Cass 
advocated the motion. Messrs. Webster, Calhoun, Berrien, Cor- 
win, and Crittenden, opposed it. General Cass supported the 
proposition upon the ground that it was the correct course to 
pursue in reference to the relations of the United States with 
England — that this country "could lose nothing at home or 
abroad by establishing and maintaining an American policy — a 
policy decisive in its spirit, moderate in its tone, and just in its 
objects — proclaimed and supported firmly, but temperately." 

The object of the recommendation in the President's message, 
and of this resolution, was to stay the consummation of the de- 
sio;HS of the British government on the western continent. That 
government was at the bottom of all movements the tendency of 
which was the transfer of balance of power to monarchy, and 
especially to itself, on this side of the Atlantic. The treaty of 
Washington had encouraged this aspiration. Island after island. 



OF LEWIS CASS. 611 

country after country, were falling before the ambition of Eng- 
land. She was planting her standard wherever there was a people 
to be subdued or the fruits of industry to be secured. "With pro- 
fessions of philanthropy, she was untiringly pursuing the designs 
of an inlinite ambition, and no statesman could shut his eyes to 
the fact, that she was encircling the globe with her stations, where- 
ever she could best accomplish her schemes of aggrandizement. 
No nation, since the fall of the Roman power, had displayed 
greater disregard for the rights of others, or more boldly aimed 
at universal domination. Many of the public men c>f the United 
States, and among the number was General Cass, were of the 
opinion that, in dealing with her, it was far better to resist aggres- 
sion, whether of territory, of impressment, or of search, when first 
attempted, than to yield, in the hope that forbearance would be 
met in a just spirit, and lead to an amicable compromise. And 
they were right. A system of concession would have been, of all 
delusions, the most fatal, and we should have awoke from it a 
dishonored if not a ruined people. 

In his remarks upon this resolution. General Cass most truly 
stated : 

"But what is proposed by this resolution? It proposes, Mr. 
President, to repel a principle which two of the greatest powers 
of the earth are now^ carrying into practice upon this continent, so 
far as we can discover any principle involved in the war which 
the French and British are now waging against Buenos Ayres ; 
and a principle solemnly announced by the French prime minis- 
ter in the Chamber of Deputies, clearly in doctrine, but cautiously 
in the remedy. I need not advert to the declaration made upon 
that occasion by M. Guizot — a declaration equally extraordinary 
and memorable. An honorable member of this body has the 
debate in full ; and I trust that, in the further discussion which 
this subject must undergo, and wdll undergo, in this body in one 
form or another, he will read the remarks of the French premier, 
and give us the able views I know he entertains of them. I will 
only add, that these remarks are eminently characteristic of a 
peculiar class of statesmen, who are always seeking some new and 
brilliant thought — something with which to dazzle the w^orld as 
much as it dazzles themselves — some paradox or other as a shroud 
wherewith to wrap their dying frame. Plain, common sense, and 



\ 



512 LIFE AND TIMES 

the true condition of men and communities, are lost in diplomatic 
subtleties. 

"But what is tbis balance of power which is to cross the Atlan- 
tic and take up its abode in this new world ? It is the assumjition 
of a power which has deluged Europe in blood, and which has 
attempted to stifle the first germs of freedom in every land where 
they have started up ; which has blotted Poland from the map of 
nations ; which has given a moiety of Saxony, in spite of the 
prayers of the people, to Prussia; which has extinguished Venice 
and Genoa ; which added Belgium to Holland, notwithstanding 
the repugnance of its inhabitants, who eventually rose in their 
revolutionary might, and asserted and achieved their own inde- 
pendence ; which transferred Norway from Denmark, to which it 
was attached by old ties and by a mild government, to Sweden, 
who had to send an army and to call upon the navy of England 
to aid her to take possession of this gift of the holy alliance ; 
which keeps Switzerland in an eternal turmoil, and which sent a 
French army into Spain to put down the spirit of liberty, and an 
Austrian array to Italy for the same purjDose ; and which watches 
and wards oft" the very first instincts of human nature to meliorate 
its social and political condition, 

" It is the assumption of a power which enables five great nations 
of Europe — they are quintuple at 23resent — to govern just as much 
of the world as will not or can not resist their cupidity and ambi- 
tion, and to introduce new principles, at their pleasure and to 
their profit, into the code of nations ; to proclaim that the slave 
trade is piracy by virtue of their proclamation, and that their 
cruisers may sweep the ocean, seizing vessels, and crews, and 
cargoes, and committino; them to that o-reat vortex wiiich has 
swallowed up such a vast amount of our property and issued so 
I many decrees against our rights — a court of admiralty; and, by- 
i and-bye, will enable them to proclaim, if not resisted, that the 
cotton trade shall be piracy, or that the tobacco trade shall be 
piracy, or that anything else shall be piracy which ministers to 
our power and interest and does not minister to theirs. 

" The honorable senators on the other side, who took part in the 
discussion respecting the national defenses, I believe, without ex- 
ception, expressed their satisfaction at the President's message. 
And yet no man can doubt that, if the measures suggested by him 
are carried into effect, and if England does not recede greatly from 



OF LEWIS CASS. 513 

all her former positions, war must come. Still we are called panic- 
makers and seekers of war. As the thermometer of the stock ex- 
change rises and falls, a representative of the people is wise or 
rash in the measures he proposes, or honest or dishonest in the 
motives that actuate him. It is not my habit to cast reflections 
upon any class of employment, but, without violating this rule, I 
may express the gratilication that there are higher interests than 
those of stock-jobbing in this country, and a mighty mass who 
control its destinies, and who know nothing of the operations of 
a "Wall street financier. 

" Look at the state of things in Brazil ! The treaty between 
that country and England, on the subject of the right of search, 
has expired. But has the right expired also ? It has, but not the 
practice. England yet stops, with the strong hand, Brazilian 
ships wherever she finds them in tropical latitudes, and seizes and 
sends them to her own courts of admiralty for condemnation ; 
and this in utter contempt of all the laws regulating the rights of 
independent nations. 

" I allude to all these facts, sir, because they ought to warn us 
of our duty. I allude to them in despite of the charge which has 
been and will again be made out of the Senate, not in it, of a 
desire to excite undue prejudice against England. I have no such 
desire ; but I have a desire that my own country should be aware 
of her true position, and should be prepared to meet her respon- 
sibility, whatever difliculties may beset her path — prepared, sir, 
in head, in hand, and in heart. Yes, sir, notwithstanding the 
severe commentaries which a casual expression of the honorable 
senator from Ohio has encountered from a portion of the public 
press, I will repeat the expression — prepared in the heart ; for, if 
war should come, which may Providence avert, I trust the hearts 
of our countrymen will be prepared for the struggle it will bring. 
There is no better preparation, nor any surer cause or augury of 
success." 

In alluding to the debate on the President's message, he added : 

" I expressed my approbation of the President's message ; but, 
on the subject of the state of the country, I did not say one word 
more than I intended and intend now. I am no lover of war. I 
am no seeker of it ; but I have to learn that it is hastened by 
adequate preparation. I have passed through one war, and hope 
never to see another. Still, I shall never cry peace! peace! unless 
33 



514 LIFE AND TIMES 

I believe there is truly peace. The honorable senator from Ken- 
tucky, whom I first met, many years ago, marching to the battle- 
field, and who will always be found on the side of his country, 
supposed, when the question of the national defense was under 
discussion, I had said war was inevitable. He misunderstood me. 
I considered the danger of war imminent, not inevitable. Had I 
thought it inevitable, I should not have submitted propositions for 
inquiry, but decisive measures for adoption. I hold on firmly, sir, 
to every word I said before, neither softening nor explaining, but 
denying, because I apprehended we might have war, therefore I 
desired it. And I still consider danger imminent — not dimin- 
ished, so far as I know, by the recent arrival. The subject in 
controversy remains precisely as it was. The question was, and 
is, whether we shall surrender to the British demands, or whether 
the British government shall surrender to ours." 

The motion was adopted, and leave granted to the senator from 
Ohio to introduce the proposed resolution. The resolution, in 
substance, provided that Congress, concurring with the Presi- 
dent, and sensible that a time had arrived Avhen the government 
of the United States could no longer remain silent without being 
ready to submit to, and even to invite, the enforcement of the 
dangerous European doctrine of the "balance of power," solemnly 
declare to the civilized world the unalterable resolution of the 
United States to adhere to and enforce the principle, that any 
effort of the powers of Europe to intermeddle in the social organi- 
zation or political arrangements of the independent nations of 
America, or further to extend the European system of government 
upon this continent by the establishment of new colonies, would 
be incompatible with the independent existence of the nations, 
and dangerous to the liberties of the people of America, and, 
therefore, would incur, as by the right of self-preservation it 
would justify, the prompt resistance of the United States. 



OF LEWIS CASS. 515 



CIIAPTEK XXXIII. 

The Oregon Question— General Cass addresses the Senate — His Opinions — Extracts from his Speech — 
His reply to Colonel Benton — The Treaty of Oregon — The Senate in Executive Session. 

At this session of the 29th Congress, the Oregon question came ^ 
up for discussion, and attracted much attention. The governments 
of the United States and Great Britain, in the year 1818, under 
date of the twentieth of October in that year, entered into a con- 
vention for the period of ten years — and subsequently, by an ad- 
ditional convention, under date of the sixth of August, 1827, this 
period of time was indefinitely extended. By the terms thereof, it 
was agreed that any country which was claimed by either party, 
upon the north-west coast of America, west of the Stony or Eocky 
Mountains, commonly called the Oregon Territory, should, to- 
gether with its harbors, bays, and creeks, and the navigation of all 
rivers within the same, be " free and open" to the vessels, citizens, 
and subjects of the two powers, but without prejudice to any 
claim which either of the parties might have to any part of said 
country; and with this further provision in the third article of the 
said convention of the sixth of August, that either party might 
abrogate and annul the said convention, on giving notice of 
twelve months to the other contracting party. 

This agreement was entered into, for the reason that the gov- 
ernments of the two countries were unsuccessful in then settling 
definitely their respective claims to the disputed territory. Seve- 
ral attempts had been made, from time to time, to agree upon a 
boundary line and adjust the controversy, but without avail. The 
United States had offered the parallel of the forty-ninth degree of 
north latitude, coupled with the concession of the free navigation 
of the Columbia river, south of that degree. Great Britain, on 
her part, had offered the same parallel of latitude from the Rocky 
Mountains to its intersection with the north-easternmost branch 
of the Columbia river, and thence down that river to the Pacific 



516 LIFE AND TIMES 

ocean, together with a small detached territory north of the Co- 
lumbia. Both parties rejected the propositions thus made. 

In 1843 the United States Minister in London was authorized 
to renew the ofier previously made to Great Britain, but while the 
subject was under consideration there, the negotiation was trans- 
ferred to Washington. The British Minister, in August, 1844, 
opened the negotiation at Washington by a renewal of the pre- 
vious offer made to the United States, with the addition of free 
ports south of forty-nine degrees. This proposition, if accepted, 
would have given Great Britain two-thirds of the entire territory 
known as Oregon, including the free navigation of the Columbia, 
and the harbors on the Pacific ocean, and was rejected as boldly 
as it was made. This offer and refusal terminated that negotia- 
tion, and no farther attempt at adjustment was made until 1845, 
when President Polk made an effort to settle the controversy 
amicably, and, if possible, satisfactorily. The British Minister 
rejected the overtures of President Polk ; and as that functionary 
offered no counter proposition, the President withdrew the friendly 
offer he had made, and asserted the right of the United States to 
the whole of Oregon. As this proceeding closed the door to all 
further negotiation, the President recommended and urged upon 
Congress the necessity of terminating, by giving the proper notice, 
the agreement made in 1818, in regard to joint occupation. 

Early in the session — on the eighteenth of December — Senator 
Allen, of Ohio, offered a joint resolution in the Senate, for the 
purpose of carrying into effect the views of the President. It was 
referred to the Committee on Foreign Relations, of which that 
senator was chairman, and was reported back to the Senate in the 
following form. 

Kesolved by the Senate, &c. : — That in virtue of the second 
article of the convention of the sixth of August, 1827, between the 
United States of America and Great Britain, relative to the coun- 
try westward of the Stony or Rocky Mountains, the United States 
of America do now think fit to annul and abrogate that conven- 
tion, and the said convention is hereby accordingly annulled and 
abrogated: provided that this resolution shall take effect after the 
expiration of the term of twelve months from the day on whicli 
due notice shall have been given to Great Britain of the passage 
of this resolution. And the President of the United States is 
hereby authorized and required to give such notice ; and also at 



OF LEWIS CASS. 517 

the expiration of said convention, to issue his proclamation setting 
forth that fact. 

A number of amendments were proposed to this resolution, and 
the consideration of the subject was fixed for the tenth of Febru- 
ary. Mr. Allen opened the debate, which continued for two 
months. Most of the members of the Senate participated in the 
debate; and the discussion, at times, provoked much passion and 
even anger. The vital point was whether our government should 
insist on the parallel of fifty-four degrees and forty minutes, or 
recede to that of forty-nine. The principal opposition to the pas- 
sage of the resolution came from the Whig side of the chamber. 
It was regarded as an administration measure. The entire sub- 
ject was examined. The title of the two governments was elabo- 
rately and learnedly discussed. The library of Congress and the 
archives of the government were ransacked for precedent and 
authority. The emotions of senators reached the people, and 
furnished the chief staple of conversation all over this widely 
extended Union. Many believed that if the resolution passed both 
Houses of Congress, war was inevitable. General Cass remained 
a quiet but not an indiiferent spectator of the debate. The public 
mind finally was on tip-toe to know what he had to say on this 
grave subject. 

On the thirtieth of March he addressed the Senate in favor of 
the resolution. He did not enter into a formal discussion of the 
title of the United States to the whole of Oregon. He confined 
himself principally to the necessity and policy of the course sug- 
gested by the President. It was a masterly effort, and was read 
with eagerness by those who had an opportunity to do so. It 
exerted an immense influence in giving a proper direction to the 
public mind. This can be said without the appearance of dispar- 
agement to others. He had the subject by heart, and had given it 
long and serious reflection. Whoever desires to be informed, at 
this day, of the length and breadth of this formidable controversy, 
will be able to gratify himself by perusing the speech which he 
made on the occasion alluded to, and from which we make ex- 
tracts sufiicient to show his views. The Senate chamber was 
thronged with spectators; and among them were members of the 
cabinet, members of the House of Representatives, and foreign 
Ministers. The British Minister, to catch every word the senator 
littered, took a seat near his desk, and listened throughout with 



/ 



518 LIFE AND TIMES 

fixed attention. As be calmly proceeded from point to point, he 
commanded the attention of the entire Senate. He spoke not 
for display, nor for personal applause, but for bis country and the 
maintenance of its honor and glory. He said : 

"I do not rise, at this late period, to enter into any formal con- 
sideration of the principal topic involved in the proposition now 
pending before the Senate. I can not flatter myself that any such 
effort of mine would be successful, or would deserve to be so. I have 
listened attentively to the progress of this discussion, and, while 
I acknowledge my gratification at much I have beard, still, senti- 
ments have been advanced, and views presented, in which I do 
not concur, and from which, even at the hazard of trespassing upon 
the indulgence of the Senate, I must express my dissent, and, 
briefly, the reasons of it. But, sir, I have not the remotest inten- 
tion of touching the question of the title of Oregon. The tribute 
. I bring to that subject is the tribute of conviction, not of discussion ; 
a concurrence in the views of others, not the presentation of my 
own. The whole matter has been placed in bold relief before the 
country and the world by men far more competent than I am to 
do it justice, and justice they have done it. The distinguished 
senator from South Carolina, who filled, a short time since, the 
oflice of Secretary of State, has left the impress of his talents and 
intelligence upon his correspondence with the British minister, 
and he left to an able successor to finish well a task which was 
well begun. And, upon this floor, the senator from New York 
instructed us, while he gratified us by a masterly vindication of 
the American title ; and he was followed by his colleague, and by 
the senator from Illinois, and by others, too, who have done honor 
to themselves while doing good service to their country. 

"Before, however, I proceed further in my remarks, there is one 
subject to which I will make a passing allusion. As to correcting 
the misrepresentations of the day, wliether these are voluntary or 
involuntary, he that seeks to do it only prepares for himself an 
abundant harvest of disappointment, and, I may add, of vexation. 
I seek no such impracticable object. In times like the present, 
when interests are threatened, passions excited, parties animated, 
and when momentous questions present themselves for solution, 
and the public mind is alive to the slightest sensation, we must 
expect that those, upon whose action depends the welfare, if not 
the destiny, of the country, will be arraigned, and assailed, and 



OF LEWIS CASS. 519 

condemned. I presume we are all prepared for this. "We have 
all lived long enough to know that this is the tax which our posi- 
tion pays to its elevation. We have frequently been reminded, 
during the progress of this debate, of the responsibility which men 
of extreme opinions, as some of us have been called, must encoun- 
ter, and have been summoned to meet it — to meet the consequences 
of the measures we invoke. 

"During the course of a public life now verging towards forty 
years, I have been placed in many a condition of responsibility; 
and often, too, where I had few to aid me, and none to consult. 
I have found myself able to march up to my duty, and no respon- 
sibility, in cities or in forests, has been cast upon me which I have 
not readily met. 

" As it is with me, so it is, I doubt not, with my political friends 
who regard this whole matter as I do, and who are ready to follow 
it to its final issue, whatever or wherever that may be. I submit 
to honorable senators, on the other side of the chamber, whether 
these- adjurations are in good taste ; whether it is not fair to presume 
that we have looked around us, examined what, ift our judgment, 
we ought to do, and then determined to do it, come what may? 
This great controversy with England can not be adjusted without 
a deep and solemn responsibility being cast upon all of us. If 
there is a responsibility in going forward, there is a responsibility 
in standing still. Peace has its dangers as well as war. They 
are not, indeed, of the same kind, but they may be more lasting, 
more dishonorable, and more destructive of the best interests of 
the country, because destructive of those hopes and sentiments 
which elevate the moral above the material world. Let us, then, 
leave to each member of this body the course that duty points out 
to him, together with the responsibility he must meet, whether 
arraigned at the tribunal of his conscience, his constituents, or his 
country. 

"I observe that, as well myself as other senators upon this side 
of the Senate, have been accused of dealing in rant and abuse — 
that, I believe, is the term — in the remarks we have submitted, 
from time to time, upon the subject, as it came up incidentally or 
directly for consideration. This rant and ahuse^ of course, had 
reference to remarks upon the conduct and pretensions of England. 

" I should not have adverted to this topic had it not been that 
the honorable senator from North Carolina, [Mr. Haywood,] not 



520 LIFE AND TIMES 

now in his place, bad given color to the charge by the expression 
of his ' mortification in being obliged to concede to the debates in 
the British Parliament a decided superiority over ourselves in 
their dignity and moderation.' 

" He expressed the hope that ' we might get the news by the 
next packet of an outrageous debate in the British Parliament ; 
at least, sufficient to put them even with us on that score.' 

" Now, Mr. President, it is not necessary to wait for the next 
packet for specimens of the courtesies of British parliamentary 
eloquence. 

" I hold one in my hands, which has been here some time, and 
which, from the circumstances, and from the station of the speaker, 
I, at least, may be jDcrmitted to refer to when I find myself, among 
others, charged with participating in an outrageous debate, and 
when patriotism would seem to demand an unbecoming exhibition 
in the British Parliament, in order to restore, not our dignity, but 
our self-complacency. 

" Now, sir, I am a firm believer in the courtesies of life, public 
and private, and I desire never to depart from them. In all I have 
said I have not uttered a word which ought to give ofiense, even 
to political fastidiousness. I have spoken, to be sure, plainly, as 
became a man dealing in great truths, involving the character and 
interests of his country, but becomingly. I have not, indeed, 
called ambition moderation, nor cupidity philanthropy, nor arro- 
gance humility. Let him do so who believes them such. But I 
have heard the desire of the West, that the sacred rights of their 
country should be enforced and defended, called western avidity^ 
in the Senate of the United States ! I have not even imitated 
Lord John Russell, and talked of blustering. Still less have I 
imitated a greater than Lord John Russell in talents, and one 
higher in station, though for lower in those qualities that conciliate 
respect and esteem, and preserve them. 

"He who seeks to know the appetite of the British public for 
abuse, and how greedily it is catered for, has but to consult the 
daily columns of the British journals ; but let him who has pur- 
suaded himself that all is decorum in the British Parliament, and 
that these legislative halls are but bear-gardens compared with it, 
turn to the speeches sometimes delivered there. Let him turn to 
a speech delivered by the second man in the realm — by the late 
Lord Chancellor of England — the Thersites indeed of his day and 



OF LEWIS CASS. 521 

country, but with high intellectual powers, and a vast stock of 
information, and who, no doubt, understands the taste of his coun- 
trymen, and knows how to gratify it. 

"I have no pleasure in these exhibitions, which lessen the dig- 
nity of human nature, but we must look to the dark as well as to 
the bright side of life, if we desire to bring our opinions to the 
standard of experience. In a debate in the British House of 
Lords, on the 7th of April, 1843, 1 had the honor to be the subject 
of the vituperation of Lord Brougham, and an honor I shall esteem 
it, under the circumstances, as long as the honors of this world 
have any interest for me. I shall make no other allusion to the 
matter but what is necessary to the object I Imve in view — to 
exhibit the style of debate there, so much lauded here, and held 
up to our countrymen as the heau ideal of all that is courteous 
and dignified in political life. ' There was one man,' said the ex- 
chancellor, 'who was the very impersonation of mob-hostility to 
England. lie wished to name him, that the name might be clear 
as the guilt was undivided. He meant General Cass, wliose 
breach of duty to Iiis own government was so discreditable and 
even more flagrant than his breach of duty to humanity as a man, 
and as the free descendant of free English parents, and wliose 
conduct, in all those particulars, it was impossible to pass over or 
palliate. This person, who had been sent to maintain peace, and 
to reside at Paris for that purpose, after pacific relations had been 
established between France and America, did his best to break 
it, whether by the circulation of statements upon the question of 
international law, of which he had no more conception than of tlie 
languages that were spoken in the moon, [loud laughter,] (this 
sarcasm provoked their grave lordships to merriment,) or by any 
other arguments of reason, for which he had no more capacity 
than he had for understanding legal points and differences. For 
that i^urpose he was not above pandering to the worst mob feeling 
of the United States — a lawless set of rahble jtoliticians of inferior 
caste and station — a groveling^ grotindling set of politicians — a set 
of mere rahhle, as contradistinguished froon persons of pTop>erty^ or 
respectability^ and of information — groxindlings in station^ c&c. 

" And I am thus characterized by this modest and moderate 
English lord, because I did what little was in my power to defeat 
one of the most flagitious attempts of modern times to estal)lish a 
dominion over the seas, and which, under the pretext of abolishing 



522 LIFE AND TIMES 

the slave trade, and, by virtue of a quintuple treaty, would Lave 
placed the flag and ships and seamen of our country at the dis- 
posal of England. 

" Lord Brougham did not always talk thus — not when one of 
his fiiends applied to me in Paris to remove certain unfavorable 
impressions made in a 7iig7i quarter by one of those imprudent 
and impulsive remarks which seem to belong to his moral habits. 
The effort was successful. And now my account of good for evil 
with Lord Brougham is balanced. 

"It is an irksome task to cull expressions like these and repeat 
them here. I hold them up, not as a warning — that is not needed 
— but to repel the intimation that we ought to study the courte- 
sies of our position in the British Parliament. 

"When I came here, sir, I felt it due to myself to arraign no 
one's motives, but to yield the same credit for integrity of action 
to others which I claimed for myself The respect I owed to those 
who sent me here, and to those to whom I was sent, equally dic- 
tated this course. If some of us, as has been intimated, are small 
men wlio have attained high places, if we have no other claim to 
this false distinction, I hope we shall, at least, establish that claim 
which belongs to decorum of language and conduct, to life and 
conversation." 

General Cass then proceeds to depict the position and duties of 
a senator of the United States. lie spoke the words of truth ; 
and, considering the occasion, it can be said, with equal truth, 
that they were well-timed : 

" We all occupy positions here high enough, and useful enough, 
if usefully filled, to satisfy the measure of any man's ambition. 
It ought to be our pride and our effort to identify ourselves with 
this representative body of the sovereignties of the States ; with 
this gieat depository of so much of the power of the American 
people in the three great departments of their government, exec- 
utive, legislative, and judicial — to establish an esp7'it du corps, 
which, while it shall leave us free to fulfill our duties, whether to 
our country or to our party, shall yet unite us in a determination 
to discard everything which can diminish the influence, or lessen 
the dignity of the Senate of the United States. While I have the 
honor of a seat here, I will do nothing to counteract these views. 
I will bandy words of reproach with no one. And the same 
measure of courtesy I am prepared to mete to others, 1 trust will 



OF LEWIS CASS. 523 

be meted by others to me. At any rate, if they are not, I will 
have no contention in this chamber. 

"I have regretted many expressions which have been heard 
during the progress of this discussion. Faction^ demagogues^ ultra 
patriots^ ambitious leaders, inflammatory appeals, invective, little 
men seeking to he great ones, and other terms and epithets not 
pleasant to hear, and still less pleasant to repeat. Now, sir, 
nothing is easier than a bitter retort ; and he who impugns the 
motives of others, can not complain if he is accused of measuring 
them by his own standard, and seeking in his own breast their 
rule of action. If one portion of the Senate is accused of being 
ult?'a on the side of their country's pretensions, how easy to retort 
the charge by accusing the accusers of being ult7\i on the other? 
But what is gained by this war of words ? Nothing. On the 
contrary, we lower our dignity as senators, and our characters as 
men. For myself, I repudiate it all. I will have no part nor lot 
in it. I question the motives of no honorable senator. I believe 
we have all one common object — the honor and interest of our 
country. We differ as to the best means of action ; and that 
difference is one of the tributes due to human fallibility. But 
there is no exclusive patriotism on one side or other of this body, 
and I hope there will be no exclusive claim to it. 

"Some days since, in an incidental discussion which spruno- 
up, I remarked that I could not perceive why the parallel of 49° 
was assumed as the boundary of our claim. Why any man 
planted his foot on that suppositious line upon tbe face of the 
globe, and erecting a barrier there, said, all to the north belongs to 
England, and all to the south to the United States. My remark 
was merely the expression of my views, without touching the 
reasons on which they were founded. The honorable senators 
from Maine, and Maryland, and Georgia, have since called in 
question the accuracy of this opinion, and have entered somewhat 
at length into the considerations which prove that line the true line 
of demarcation between the two countries. And the senator from 
North Carolina [Mr. Haywood] lays much stress upon this matter, 
making it in fact the foundation of a large portion of his argu- 
ment. That parallel is, in his view, the wall of separation between 
our questionable and our unquestionable claims. To the south he 
would not yield ; to the north he would, though he thinks that 
even there our title is the best. There is an erroneous impression 



524 LIFE AND TIMES 

upon tins subject somewhere, either with the ultra^ or (if I may 
coin a word) the un-uUra advocates of Oregon ; and as this line 
seems to be a boundary, beyond which we may look, indeed, and 
wish, but must not go, it is worth while to examine summarily 
what are its real pretensions to the character thus assumed for it, 
of being the line of contact and of separation between two great 
nations. 

" There is no need of discussing the right of civilized nations 
to appropriate to themselves countries newly discovered and in- 
habited by barbarous tribes. The principle and the practice have 
been sanctioned by centuries of experience. What constitutes 
this right of appropriation, so as to exclude other nations from its 
exercise in a given case, is a question which has been differently 
settled in different ages of the world. At one time it was the 
Pope's bull which conferred the title ; at another it was discovery 
only ; then settlement under some circumstances, and under others 
discovery ; and then settlement and discovery combined. There 
has been neither a uniform rule nor a uniform practice. But 
under any circumstances, it is not easy to see why a certain 
parallel of latitude is declared to be the boundary of our claim. 
If tlie valley of a river were assumed, a principle might be also 
assumed, wliich would shut us up in it. This would be a natural 
and a tangible boundary. IIow, indeed, England could look to 
her own practice and acquisitions, and say to us, you are stopped 
by this hill, or by that valley, or by that riv^er, I know not. Eng- 
land, whose colonial charters extended from the Atlantic to the 
South sea, as the Pacific ocean was then called, and who actually 
ejected the French from the country between the mountains and 
the Mississippi, where they had first established themselves, upon 
the very ground that their own right of discovery, as shown by 
these charters, ran indefinitely west ; and who now holds the 
continent of Australia — a region larger than Europe — by virtue of 
the right of discovery ; or, in other words, because Captain Cook 
sailed along a portion of its coast, and occasionally hoisted a pole 
or burled a bottle. I am well aware there must be limits to this 
conventional title, by which new countries are claimed ; nor will 
it be always easy to assign them in fact, as they can not be assigned 
in principle. We claim the Oregon territory. The grounds of 
this claim are before the world. The country it covers extends 
from California to the Russian possessions, and from the Rocky 



OF LEWIS CASS. 525 

mountains to the Pacific ocean, — a homogeneous country, un- 
claimed by England when our title commenced, similar in its 
character, its productions, its climate, its interests, and its wants, 
in all that constitutes natural identity, and by these elements of 
union calculated forever to be united together, — no more to be 
divided by the parallel of 49° than by the parallel of 43°, nor by 
any of the geographical circles marked upon artificial globes ; no 
more to be so divided than any of the possessions of England 
scattered over the world. In thus claiming the whole of this un- 
appropriated country, unappropriated when our title attached to 
it, the valley of the Columbia, the valley of Frazer's river, and all 
the other hills and valleys which diversify its surface, we but fol- 
low the example set us by the nations of the other hemisphere, 
and hold on to the possession of a country which is one, and 
ought to be indivisible. 

"It is contended that this parallel of 49° is the northern bound- 
ary of our just claim, because for many years it was assumed as 
such by our government, and that we are bound by its early 
course in this controversy ; that the treaty of Utrecht, in 1713, 
between France and England, provided for the appointment of 
commissioners to establish a line of division between their re- 
spective colonies upon the continent of North America, and that 
this parallel of 49^ was thus established. The honorable senator 
from Georgia, in his remarks a few days since, if he did not 
abandon this pretension, still abandoned all reference to it, in the 
support of his position. He contended that the parallel of 49^ 
was our boundary, but for other reasons. In the view I am now 
taking, sir, my principal object, as will be seen, is to show that 
we are at full liberty to assert our claim to the country north of 
49<^, unembarrassed by the early action of our own government, 
by showing that the government was led into error respecting its 
rights by an historical statement, probably inaccurate in itself, 
certainly inaccurate if applied to Oregon, but then supposed to 
be true in both respects. Now, what was this error? It was the 
assertion I have just mentioned, that agreeably to the treaty of 
Utrecht, the parallel of 49^ was established as a boundary, and 
having been continued west, had become the northern limit of 
Oregon, at least of our Oregon. Upon this ground, and upon 
this ground alone, rested the actions and the pretensions of our 
government in this matter. So far, then, as any question of 



52G LIFE AND TIMES 

national faith or justice is involved in this subject, we must test 
the proceedings of the government by its own views, not by other 
considerations presented here at this day. The government of 
the United States gave to that of Great Britain their claim, and 
their reasons for it. That claim first stopped at 49*^, while the 
treaty of Utrecht was supposed to effect it, as part of Louisiana, 
and before we had acquired another title by the acquisition of 
Florida. Since then, it has been ascertained that that treaty 
never extended to Oregon ; and we have strengthened and per- 
fected our claim by another purchase. It is for these reasons that 
I confine myself to what has passed between the two governments, 
with a view to ascertain our present obligations, and omit the 
considerations presented by the honorable senator from Georgia. 
I will barely remark, however, that in the far most important fact 
to which he refers, as affecting the extent of our claim — to wit : 
the latitude of the source of the Columbia river — he is under a 
misapprehension. He put it at 49°, but it is far north of that. 
It is navigable by canoes to the Three Forks, about the latitude of 
52°, How far beyond that is its head spring, I know not. 

" Mr. Greenhow, in his work on Oregon — a work marked with 
talent, industry, and caution — has explained how this misappre- 
hension respecting the parallel of 49° originated. He has brought 
forward proofs, both positive and negative, to show that no such 
line was established by the treaty of Utrecht, nor by commissaries 
named to carry its provisions into effect. I shall not go over the 
subject, but beg leave to refer the gentlemen who maintain the 
contrary opinion, to the investigations they will find in that work. 
The assertion, however, has been so peremptorily made, and the 
conclusions drawn from it, if true, and if the line extended to 
Oregon, would discredit so large a portion of our title to that 
country, that I may be pardoned for briefly alluding to one or two 
considerations which seem to me to demonstrate the error respect- 
ing this assumed line of parallel of 49°, at any rate in its extension 
to Oregon. 

" It will be perceived, sir, that there are two questions involved 
in this matter : one a purely historical question, wliether commis- 
saries acting under the treaty of Utrecht, established the parallel 
of 49° as the boundary between the French and English posses- 
sions upon this continent; and the other a practical one, whether 
such a line was extended west to the Pacific ocean. 



OF LEWIS CASS. 527 

"As to the first, sir, 1 refer honorable senators to Mr. Green- 
how's work, and to the authorities he quotes. I do not presume 
to speak authoritatively upon the question, but I do not hesitate 
to express my opinion that Mr. Greenhow has made out a strong 
case ; and my own impression is, that such a line was not actually 
and officially established. Still, sir, I do not say that it is a point 
upon which there may not be differences of opinion ; nor that, 
however it may be ultimately determined, the solution of the 
matter will discredit the judgment of any one. This, however, 
has relation to the line terminating with the Hudson Bay posses- 
sions ; and, as I have observed, the fact is a mere question of 
history, without the least bearing upon our controversy with 
England. 

" I have, however, one preliminary remark to make in this con- 
nection, and it is this : let him who asserts that our claim west of 
the Rocky mountains is bounded by the parallel of 49°, prove it. 
The burden is upon him, not upon us. If commissaries under the 
treaty of Utrecht established it, produce their award. Proof of 
it, if it exists, is to be found in London or Paris. Such an act was 
not done without leaving the most authentic evidence behind it. 
Produce it. When was the award made ? "What were its terms? 
What were its circumstances ? Why, a suit between man and 
man for an inch of land, would not be decided by such evidence 
as this, especially discredited as it is, in any court of the United 
States. The party claiming under it would be told, There is hetter 
emdence in your power. SeeJc it in London or Paris., and Ijring 
forward the certified copy of the proceedings of the commissioners. 
This is equally the dictate of common sense and of common law, 
and there is not always the same union between those high tribu- 
nals, as many know to their cost. Let no man, therefore, assume 
this line as a barrier to his country's claim without proving it. 

"This is first historically made known in the negotiations be- 
tween our government and that of England by Mr. Madison, in a 
dispatch to Mr, Monroe in 1804. Mr. Madison alludes to an 
historical notice he had somewhere found, stating that commis- 
sioners under the treaty of Utrecht had established the line of 
49° as the boundary of the British and French possessions, thus 
fixing that parallel as the northern boundary of Louisiana. I 
have examined this dispatch, and I find that he speaks doubtfully 
respecting the authenticity of this notice ; and desires Mr. Monroe, 



528 LIFE AND TIMES 

before lie made it the basis of a proposition, to ascertain if the 
facts were truly stated, as the means of doing so were not to be 
found in this country. Mr Monroe, however, could have made 
no investigation ; or, if he did so, it must have been unsatisfactory, 
for he transmits the proposition substantially in the words of the 
historian Douglas, from whom, probably, Mr. Madison acquired 
this notice, without reference to any authority, either historical or 
diplomatic. 

" I can not find that the British government ever took the 
slightest notice of the assertion respecting this incident, growing 
out of the treaty of Utrecht, though it has been referred to more 
than once by our diplomatic agents, in their communications to 
the British authorities since that period. 

"But in late years it has disappeared from the correspondence, 
and neither party has adverted to it, nor relied upon it. It is 
strange, indeed, that in this body we should now assume the 
existence of a fact like this, supposed to have a most important 
bearing upon the rights of the parties, when the able men to 
whose custody the maintenance of these rights has been recently 
committed, have totally abandoned it in their arguments and 
illustrations. The assumption was originally an erroneous one — 
certainly so, so far as respects Oregon ; but while it was believed to 
be true, the consequences were rightfully and honestly carried out 
by our government, and the line was claimed as a boundary. But 
our government is now better informed, as the British government, 
no doubt, always were, and thence their silence upon the subject; 
and the titles of both parties are investigated without reference to 
this historical error, or to the position in which it temporarily 
placed them. 

" The treaty of Utrecht never refers to the parallel of 49°, and 
the boundaries it proposed to establish were those between tlie 
French and English colonies, including the Hudson Bay Company 
in Canada. The charter of the Hudson Bay Company granted to 
the proprietors all the 'lands, countries, and territories,' upon the 
waters discharging themselves into Hudson's Bay. At the date 
of the treaty of Utrecht, which was in 1713, Great Britain claimed 
nothing west of those ' lands, countries, and territories,' and of 
course there was nothing to divide between her and France west 
of that line. 



OF LEWIS CASS. 529 

"Again, in 1713, the north-western coast was ahnost a terra 
incognita — a blank uiDon the map of the world. England then 
neither knew a foot of it, nor claimed a foot of it. Bj adverting 
to the letter of Messrs. Gallatin and Eush, communicating an 
account of their interview with Mes?rs, Goulburn and Kobinson, 
British commissioners, dated October 20th, 1818, and to the letter 
of Mr. Pakenham to Mr. Calhoun, dated September 12th, 1844, 
it will be seen that the commencement of the British claim is 
effectively limited to the discoveries of Captain Cook in 1778. 
How, then, could a boundary have been established fifty years 
before, in a region where no Englishman had ever penetrated, and 
to which England had never asserted a pretension? And yet 
the assumption that the parallel of 49^ was established by the 
treaty of Utrecht, as a line between France and England in those 
unknown regions, necessarily inv^olves these inconsistent conclu- 
sions. But besides, if England, as a party to the treaty of 
Utrecht, established this line running to the western ocean as the 
northern boundary of Louisiana, what possible claim has she now 
south of that line? The very fact of her existing pretensions, 
however unfounded these may be, shows that she considers herself 
no party to such a line of division. It shows, in fact, that no line 
was run ; for if it had been, the evidence of it would be in the 
English archives, and, in truth, would be known to the world 
without contradiction. The establishment of boundary between 
two great nations is no hidden fact ; and we may now safely 
assume that the ijarallel of 49° never divided the Oregon territory, 
and establishes no barrier to the rights by which we claim it. 
The assertion was originally a mere dictum^ now shown to be 
unfounded. 

" The senator from Maine has adverted likewise to the treaty of 
1763, as furnishing additional testimony in favor of this line. That 
treaty merely provides that the confines hetween the British and 
French dominions shall he fixed irrevocably hy a line drawn along 
the middle of the river Mississippi, from its source, c&e. This is 
the whole provision that bears upon this subject. I do not stop 
to analyze it. That can not be necessary. It is obvious that this 
arrangement merely established the Mississippi river as a bound- 
ary between the two countries, leaving their other claims precisely 
as they formerly existed. And this, too, was fifteen years before 

the voyage of Captain Cook, the commencement of the British 
34 



530 LIFE AND TIMES 

title on the north-west coast. Briefly, sir, there are six reasons 
which prove that this parallel was never established under the 
treaty of Utrecht, so far at least as regards Oregon. 

"1. It is not shown that any line was established on the parallel 
of 49*^ to the Pacific ocean. 

" If the fact be so, the proper evidence is at Paris or London, 
and should be produced. 

" 2. The country on the north-western coast was then unknown, 
and I believe unclaimed ; or, at any rate, no circumstances had 
arisen to call in question any claim to it. 

" 3. The British negotiators in 1826, and their minister here in 
1844, fixed, in effect, upon the voyage of Captain Coook in 1788 
as the commencement of the British title in what is now called 
Oregon. 

" 4. The treaty of Utrecht provides for the establishment of a 
line between the French and English colonies, including the Hud- 
son's Bay Company. The British held nothing west of that com- 
pany's possessions, which, by the charter, includes only "the 'lands, 
countries, and territories,' on the waters running into Hudson's 
Bay. 

" 5. If England established the line to the Pacific ocean, she can 
have no claim south of it; and this kind oi argumentxim adTiorm- 
nein becomes conclusive. And let me add, that I owe this argu- 
ment to my friend from Missouri, [Mr. Atchison,] to whose 
remarks upon Oregon the Senate listened with profit and pleasure 
some days since. 

" 6. How could France and England claim the country to the 
Pacific, so as to divide it between them in 1730, when, as late as 
1790, the British government, by the Nootka convention, express- 
ly recognized the Spanish title to that country, and claimed only 
the use of it for its own subjects, in common with those of Spain ? 

"I now ask, sir, Avhat right has any American statesman, or what 
right has any British statesman, to contend that our claim, what- 
ever it may be, is not just as good north of this line as it is south 
of it? When this question is answered to my satisfaction, I, for 
one, will consent to stop there ; but, until then, I am among 
those who mean to march, if we can, to the Russian boundary, 

" Now, Mr. President, it is the very ground assumed by the 
senator from North Carolina, and by other senators, respecting 
this parallel of 49*^, together with the course of this discussion. 



OF LEWIS CASS. 531 

which furnishes me with the most powerful argument agcainst the 
reference of this controversy to arbitration. 

" I have shown, I trust, that tliere is no such line of demarcation 
established under the treaty of Utrecht, extending to the Oregon 
territory, and the misapprehension whence the opinion arose. 

"While such a conviction prevailed, it was fairly and properly 
assumed by the government as the northern boundary of the Ore- 
gon claim before the Florida treaty. Since that treaty I consider 
the offers on our part as offers of compromise, not recognitions of 
a line; from theresumption of negotiations by Mr. Eush, who 
carried our title to 51"", to their abandonment in 1827 by Mr 
Gallatin, who, finding a satisfactory adjustment impossible, with- 
drew the pending offer, and asserted that his government ' would 
consider itself at liberty to contend for the full extent of the claims 
of the United States.' And for their full extent we do claim. 
And I take the opportunity to tender my small tribute of appro- 
bation to the general conduct of these negotiations by the Ameri- 
can government and their commissioners, and especially to Mr. 
Rush, a citizen as well known for his private worth as for his high 
talents and great public services, and who seems to have been the 
first, as Mr. Greenhow remarks, 'to inquire carefully into the facts 
of the case.' 

" And it is not one of the least curious phases of this controversy, 
that down to this very day the pretensions of England are either 
wholly contradictory, or are shrouded in apparently studied ob- 
scurity. She asserts no exclusive claim anywhere, but an equal 
claim everywhere: 

'"A right of joint occupancy in the Oregon territory,' says the 
British minister in his letter to Mr. Calhoun, of September 12th, 
1844, 'of which right she can be divested with respect to any part 
of that territory, only by an equal partition of the lohole hetween 
the jparties^ 

" And yet, notwithstanding he refers to the wliole territory, still 
in the protocol of the conference at Washington, dated Sej^tember 
24th, 1844, he refused to enter into any discussion respecting the 
country north of 49°, hecause it was understood hy the British 
gover7inient to form the basis of negotiation on the part of the 
United States. Thus, on the 12th of September, recognizing our 
right to an equal, undivided moiety of Oregon, and two weeks 
after coolly claiming the northern half of it as a fact not even to 



532 LIFE AND TIMES 

be called into question, and then offering to discuss witli us the 
mutual claims of the two countries to the southern half! 

" Well, sir, influenced by the motives I have stated, and by a 
desire to terminate this tedious controversy, this parallel of 49°, 
sometimes with, and sometimes without an accessory, has been 
iour times offered by us to the British government, and four times 
rejected, and once indignantly so ; and three times withdrawn. 
Twice withdrawn in the very terms — once by Mr. Gallatin, No- 
vember 16th, 1826, who withdrew a proposition made by Mr. Rush, 
and once during the present administration; and once withdrawn 
in effect, though without the use of that word, by Mr. Gallatin, in 
1827, v/ho announced to the British negotiators ' that his govern- 
ment did not hold itself bound hereafter, in consequence of any 
proposal which it had made for a line of separation between the 
territories of the two nations beyond the Rocky mountains, but 
would consider itself at liberty to contend for the full extent of the 
claims of the United States.' 

"The senator from Louisiana will perceive that he was in error 
yesterday when he said that no offer of a compromise had ever 
been withdrawn till the withdrawal made by the jjresent admin- 
istration, unless such offer had been announced as an ultimatum. 
But without recurring to any authority upon this subject, it is 
evident that if a nation is forever bound by an offer of compro- 
mise, no prudent nation would ever make such an offer. There 
would be no reciprocity in such a condition of things. In contro- 
versies respecting territory, each party would hold on to its 
extreme limit ; for if it made an offer less than that, it would 
abandon, in fact, so much of its own pretensions, leaving those of 
its opponent in their full integrity. 

" Such, sir, is the state of our controversy M'ith England, and 
yet honorable senators on this floor, able lawyers and jurists also, 
maintain that this line, thus offered and refused, and withdrawn, 
is now in effect the limit of our claim, and that we are bound hon- 
orably and morally, and they say, at the risk of the censure of the 
world, to receive it as our boundary whenever England chooses so 
to accept it. This is all very strange, and would seem to me so 
untenable as not to be worthy of examination, if it were not 
urged by such high authorities. Let us look at it. 

^' The honorable Senator from Maryland has entered more fully 



OF LEWIS CASS. 533 

into this branch of the subject than any other member of this body, 
and I shall therefore confine my inquiries to his remarks. 

" There are two propositions connected with this matter, which 
it is proper to consider separately. The first is, the obligation 
upon the President, agreeably to his own views, to accept this re- 
jected offer if it comes back to him ; and the other is, the obligation 
upon the country, and upon this body, as one of its depositories 
of the treaty-making power, to confirm the act of the President, 
should it come here for confirmation. What, sir, is a compromise? 
It is an offer made by one party to the other to take less than his 
whole claim, with a view to an amicable adjustment of the contro- 
versy, whatever this may be. The doctrine of compromises is 
founded upon universal reason ; and its obligations, I believe, are 
everywhere the same, whether in the codes of municipal or gene- 
ral law. An offer made in this spirit never furnishes the slightest 
presumption against the claim of the party making it, and for 
the best of reasons; not only that this amicable process of settle- 
ment may be encouraged and extended, but because it will often 
happen that both individuals and nations may be willing to 
sacrifice a portion of what they consider their just rights, rather 
than encounter the certain expense and trouble, and the uncertain 
issue of litigation, whether that litigation be in a court of justice, 
or upon a battle-field. Such is the general principle ; and the 
practical operation of any other would hold one of the parties for- 
ever bound, and leave the other forever free. One makes his ofler 
and must adhere to it, while the other declines it or refuses it, and 
still may hold on to it indefinitely. 

" Surely it can not be necessary to pursue this illustration far- 
ther. Such a construction as this, which plays fast and loose at 
the same time, carries with it its own refutation, however respect- 
able the authority which attempts to support it. Put, reverting 
to the obligations of the President, what says the honorable sena- 
tor from Maryland ? He says that the President — not James K. 
Polk, but the Chief Magistrate of the nation — having felt an im- 
plied obligation to renew the offer of 49°, is now bound in all time 
to accept it, and, I suppose, patiently to wait for it till the demand 
comes. I must say, that in this brief abstract of the President's 
views, the senator has hardly done justice to him. I do not 
stand here to say what the President will do, should Great Brit- 
ain propose to accept the parallel of 49*^ as the boundary between 



534 LIFE AND TIMES 

the two countries. In the first place, it would be to arp^ue upon 
a gratuitous assumption. I have not the slightest reason to be- 
lieve that the British government have given any intimation that 
it will ever come back to that line. But, in the second place, if it 
should, what then? The incipient step is for the President to 
take ; and I should leave the matter here, without remark, had not 
the senator from Maryland, and the senator from North Car- 
olina, and other senators, labored to impress the conviction, that 
the President ought, and must, and would, close with the British 
proposition to accept the parallel of 49*^, should it be made. I 
shall not analyze the words of the President's message, but con- 
tent myself with a general allusion to it. Truth is seldom pro- 
moted by picking out particular phrases, and placing them in 
juxtaposition. The President says — and it is evident the whole 
message was carefully prepared — that though he entertained the 
settled conviction, that the British title to any portion of Oregon 
could not be maintained, yet, in deference to the action of his pre- 
decessors, and to what had been done, and in consideration that 
the pending negotiations had been commenced on the basis of 
compromise, he determined, in a spirit of compromise, to offer a 
part of what had been ofi'ered before — the parallel of 49°, without 
the navigation of the Columbia river. He says this proposition 
was rejected, and in what terms we all know, and that he imme- 
diately withdrew it, and then asserted our title to the whole of 
Oregon, and maintained it by irrefragable arguments. Now, sir, 
I am not going to argue with any man who seeks to deduce from 
this language a conviction in the mind of the President, that he 
considers himself under the slightest obligation to England to ac- 
cept the parallel of 49'^, should she desire it as a boundary. In 
this account of his proceedings, he is explaining to his country- 
men the operations of his own mind, the reasons which induced 
him to make this offer, made, as he says, ' in deference alone to 
what had been done by my predecessors, and the implied obliga- 
tions their acts seemed to impose.' What obligations? None to 
England, for none liad been created ; but the obligations imposed 
upon a prudent statesman to look at the actions and views of his 
predecessors, and not to depart from them without good reasons. 
The obvious meaning is this : I found the negotiations pending; 
after an interval of almost twenty years, they had been renewed; 
they began on the basis of compromise, and though three times a 



OF LEWIS CASS. 5.35 

compromise had been offered to England and rejected, and though 
she had not the slightest right to claim, or even to expect it would 
be offered to her again, and though I determined, that the same 
proposition should not be offered to her, still, as a proof of the 
moderation of the United States, I deemed it expedient to make 
her another offer, less than the preceding one, which a quarter of 
a century before she had rejected. A curious obligation this, if it 
has reference to the rights of England, and a curious mode of ful- 
filling it ! If he (the President) were under any obligations to 
her, the obligation was complete to make the offer as it had been 
made before. And she has the same ri^ht to claim the navi^a- 
tion of the Columbia river that she has to claim the parallel of 
4:9° as a boundary ; and the honorable senator from Louisiana 
has placed the matter upon this very ground." 

Several senators on the Democratic side of the chamber chanced 
their position as the debate progressed. At the commencement 
of the session, they were counted, at least, as standing on the par- 
allel of 54'^ 40', but, ere the day when the veteran statesman of 
Michigan spoke so ably to them, they had sought, or were seeking, 
the parallel of 49°. Upon the minds of those who had taken cour- 
age to advocate the latter parallel. General Cass did not expect 
to make an impression. Of this class were Mr. Haywood, of 
North Carolina, and Mr. Dix, of New York. But he did venture 
to hope that his argument might move the minds of others. 

With the view of making this change of position as agreeable 
as was convenient, hints were first thrown out, and in the sequel 
it was roundly asserted, that the executive had receded. For the 
thousandth time, the gilded pill was prescribed — on this occa- 
sion, its coat was the official patronage at the other end of Penn- 
sylvania Avenue. This allurement dazzled in the pathway of 
those who would face all Europe in arms, before they would vol- 
untarily yield an inch of American soil to the unjust pretensions 
of England. General Cass, with others, contemned the idea even, 
as incompatible with integrity. He went farther. He defended 
the President from these aspersions. He stripped the pill of its 
fascinating exterior, and exposed its rottenness ; and rotten it was, 
to the core. 

" Mr. President," continued General Cass, " the honorable sen- 
ator from North Carolina, not now in his seat, called those who 
believe our title to 54° 40' to be clear, the idtrq friends of the 



536 LIFE AND TIMES 

President, and, I understood liini,he claimed to be his true friend, 
saving him from those imprudent ones. As I find myself in this 
category, I am obnoxious to the charge, and with the natural 
instinct of self-defense, I desire to repel it. We are ultra friends, 
because we do not stop at 49"^. I have already shown, that there 
is no stopping place on that parallel — no true rest for an Ameri- 
can foot. The senator himself considers our title to that line clear 
and indisputable, and I understood him that he would maintain 
it, come -what might. Well, if it is found that the treaty of 
Utrecht no more extended to Oregon than to the moon, whatever 
other boundary may be sought or found, it can not be that purely 
gratuitous boundary — the parallel of 49°. And as the senator 
from North Carolina must leave it, where will he find a better 
barrier than the Russian possessions? But he says, also, that 
though our title to the country north of 49° is not indisputable, 
still it is better than any other title. Now, I will appeal to the 
senator's charity — no, not to his charity, that is not necessary — 
but I will appeal to his sense of justice, to say whether such a 
difference of opinion as exists between himself and me on this sub- 
ject can justly be characterized as tdtraism on my part. Our 
title, he says, is the best — not indisputable ; but still the best. 
The same evidence which produced this conviction in his mind, 
produces a stronger one in mine ; and this is the tribute which 
every day's experience pays fo human fallibility. We are differ- 
ently constituted, and differently affected by the same facts and 
arguments. While the honorable senator stands upon the parallel 
of 49°, as the precise line where our questionable and unques- 
tionable titles meet, there are many, and I am among the number, 
who carry our unquestionable title to the Russian boundary in 
one direction, and some, perhaps, though I have not found one, 
who carry it in another direction to the Columbia river. It seems 
to me in bad taste, to say the least of it, for any member to 
assume his own views as infallible, and to say to all the world, 
who differ from him, whether on the right hand or on the left. My 
opinion is the true standard of orthodoxy, and every one who 
departs from it is a heretlG and an ultra. Thus to stigmatize a 
large portion of the Senate, is not, I am sure, the intention of the 
senator ; but such is, in fact and effect, the direct tendency of his 
remarks. We are ultra^ because, to use a somewhat quaint but a 
forcible apothegm, we loill not measiLre our corn hy his busheL 



OF LEWIS CASS. 637 

Why, sir, we have each a bushel of onr own, given us by the 
Creator, and till the senator's is sealed and certified by a higher 
authority, we beg leave to keep our own, and to measure our 
duties by it. 

"I did not understand the precise object of some of the remarks 
of the senator from North Carolina, though I had less difficulty 
respecting the remarks themselves. He told us the President 
nowhere claimed 54° 40' ; and I presume he thus contended in 
order to show that the President might consistently accept any 
boundary south of that parallel. I again disclaim all interference 
with the President in the execution of his duties, I do not think, 
that what he will do in a gratuitous case, should furnish the sub- 
ject of speculation upon this floor, I know what I will do, and 
that is enough for me ; and as I took the opportunity, three years 
ago, in a public and printed address, at Fort Wayne, to define 
my position in this matter, before I became a member of this 
body, my allusion to it here can not be deemed the premature 
expression of my opinion, I then said : 

" ' Our claim to the country west of the Rocky Mountains is as 
undeniable as our right to Bunker Hill and Kew Orleans ; and 
who will call in question our title to these blood-stained fields ? 
And I trust it will be maintained with a vigor and promptitude 
equal to its justice. War is a great evil, but not so great as 
national dishonor. Little is gained by yielding to insolent and 
unjust pretensions. It is better to defend the first inch of territory 
than the last. Far better, in dealing with England, to resist 
aggression, whether of impressment, of search, or of territory, 
when first attempted, than to yield, in the hope that forbearance 
will be met in a just spirit, and will lead to an amicable compro- 
mise. Let us have no red lines upon the map of Oregon. Let us 
hold on to the integrity of our just claim. And if war come, be 
it so ; I do not believe it will be long avoided, unless prevented 
by intestine difficulties in the British Empire, And wo be to us, 
if we flatter ourselves it can be arrested by any system of con- 
cession. Of all delusions, this would be the most fatal, and we 
should awake from it a dishonored, if not a ruined people,' 

" Now, the Oregon, I claim, is all Oregon, and no vote of mine 
in this Senate will surrender one inch of it to England. But the 
senator from North Carolina says, that the Oregon the President 
claims is an Oregon of his own, and not the country which now 



538 LIFE AND TIxMES 

excites the anxious solicitude of the American people. And if it 
were so, is it the duty of a friend, I may almost say claiming to 
be an exclusive one, to hold up to his countrymen the word of 
promise of their Chief Magistrate, thus kept to the ear, but not to 
the hope? But it is not so. The honorable senator has been 
led into an error — a palpable error. The President says, the Brit- 
ish pretensions could not be maintained to any portion of the 
Oregon temtory. He says, also, that our title to the whole of the 
Oregon territory is maintained by irrefragable facts and argu- 
ments. He says, British laws have been extended throughout the 
whole of Oregon. Kow, sir, has any man a right to say, that the 
President falters in his purpose, by talking of the whole of a 
country, when he does not mean the whole of it ? No, sir ; the 
idea never occurred to him, never crossed his mind. When he 
said Oregon, he meant so ; and I have no more doubt, than I 
have of my existence, that he believes as firmly in the American 
title to it, as he believes he is now the Chief Magistrate of the 
United States. 

"The senator from North Carolina has presented to us some 
peculiar views of the President's position and duties, and has de- 
duced his future course, not from his message, but from extrinsic 
circumstances, acts of omission and of commission^ as he calls 
them, by which the language of the President is to be controlled, 
and his further course, in this controversy, regulated. I doubt the 
propriety, as well as the wisdom of all this, either as regards the 
President, the Senate, or the country. If successful in his decla- 
rations or expositions, whichever they may be, I do not see what 
practical advantage the senator expected to gain. The President 
would still have to perform his own duties, and we to perform ours, 
without reference to the embarrassments created by this novel 
mode of reading the past views and future course of the chief 
magistrate. In the meantime, what better plan could be devised 
to excite the public mind, and to rouse suspicions, which would 
fly upon the wings of the wind to the farthest verge of tlie country? 
No such intention ever entered the mind of the honorable senator ; 
but I submit to him, if, in its very nature, this process is not cal- 
culated to produce such a result, and whether, in fact, it has not 
produced it. And yet, it seems to me, that the reasons in support 
of it are utterly insuflficiGnt to justify the conclusions. 



OF LEWIS CASS. 539 

"What are these .reasons? I will just touch some of them, 
having no time to pursue the subject. 

"There were two acts of coininission: one was the offer before 
made of the parallel of 49° as a compromise ; and the other was 
the expression of Mr. Buchanan, in his last letter to the British 
minister, dated August 30th, 1845, that the President hoped the 
controversy would be terminated without a collision. 

"And what are the acts of omission? One is the neglect to 
recommend defensive measures ; and the other is a want of confi- 
dence in the chairman of the Counnittee on Foreign Relations. 

"And now for the first. I presume, ere this, the honorable 
senator is aware that he has entirely misunderstood the views of 
the President upon this subject. In his message, at the com- 
mencement of the session, the President recommended that a force 
of mounted riflemen should be raised, and, also, an augmentation 
of the naval means of the country. But, later in the session, in 
conformity with resolutions which originated here, recommenda- 
tions and estimates, seen and approved by the President, and his, 
in fact, agreeably to the constitution of our executive department, 
were sent, by the Secretaries of War and of the Navy, to the 
proper committees of the Senate. A bill was reported, by the 
naval committee, for an additional steam force, and was ably and 
vigorously advocated by the honorable chairman of that commit- 
tee. But it was put to sleep, partly, if not principally, I believe, 
upon the ground that, if you can not immediately equip a navy, 
therefore you must not build a ship ; and if you do not require an 
army, therefore you must not raise a regiment. And the result 
may well have been taken as an indication, both by the naval and 
military committees, that the Senate did not deem an augmenta- 
tion of the defensive means of the country necessary under the 
circumstances, and, therefore, prevented all further action on their 
part as useless ; for I consider the proposition of the naval com- 
mittee, thus put to sleep, one of the least objectionable of all the 
measures submitted to us under the sanction of the President. I 
have looked over these estimates, sir, both from the War and Navy 
Departments, and I consider them proper and judicious, in the 
existing state of our relations with England ; and, I will add, the 
heads of both of those Departments discharged their responsible 
duties — for their duties were resj)onsible — in a satisfactory manner. 



540 LIFE AND TIMES 

"As to the mode of receiving this infoxmation, it has been 
sanctioned by the practice of the government for years. Congress 
and its committees have been in the daily habit of calling upon 
the heads of the departments for the necessary facts and views, in 
the discharge of their legislative duties; and, in all cases like the 
present, the reports are submitted to the President before being 
sent here, and thus receive his sanction, and they are often changed 
by his directions. This is well known to all who are acquainted 
with the routine of our executive department. 

"To return now, sir, to this act of omission — this neglect to 
recommend proper measures of defense — by wliich the President's 
views are to be interpreted, as I understand, in this manner. The 
President recommends no measures of defense. Therefore he 
considers the country in no danger. Therefore he intends to yield 
to the parallel of 49'', which the British government intends to 
demand ; and thus there will be no war. Now, sir, more than two 
months before this position was taken by the honorable senator, 
the President had recommended, by his Secretaries, an addition 
to the array of almost 8,000 men, the organization of 50,000 vol- 
unteers, the removal of the limitations respecting naval establish- 
ments, that he might be able to direct such an augmentation of the 
seamen of the navy as circumstances might require, and appro- 
priations for military purposes to the amount of $9,679,080 ; and 
for naval purposes to the amount of $6,515,000 — making in the 
whole $16,195,680, in addition to the recommendations in his 
message at the commencement of the session, and to the ordinary 
estimates of the department. 

" It is unnecessary to pursue this topic. Whatever may be the 
just construction of the President's meaning, which to me is ex- 
ceedingly clear, it is now obvious that this act of omission be- 
comes an act of commission, and proves that the President is by 
no means tranquil respecting the condition of the country. 

"As to the alledged want of executive confidence in the chair- 
man on the Committee of Foreign Eelations, I hardly know how 
to speak of it becomingly, when urged in this connection. Were 
the fact so, it would seem very strange to me, and I should think 
the President very badly advised, to withhold a proper confidence 
from one of his truest and most efficient friends upon this floor, 
and one, too, who, from his position at the head of a most 
important committee, was officially entitled to it. 



OF LEWIS CASS. 54:1 

"No one who had witnessed the energy, the talent, and the 
promptitude of the honorable chairman, can doubt the service he 
has rendered this administration, nor the confidence he deserves 
— a confidence, indeed, demanded more for the sake of the public 
interest than for his own sake, 

" But, sir, I have reason to know that the senator from North 
Carolina is in error in all this ; that this deduction from extrinsic 
circumstances is but another proof tliat truth is not always attained 
when sought by indirect and remote facts. I have reason to know 
that the chairman of the Committee on Foreign Relations com- 
municates freely with the President, and enjoys his confidence. 

"And what proof of estrangement between these high function- 
aries is furnished by the honorable senator from North Carolina ? 
Why, thus stands the case : The honorable chairman stated that 
the opinions of the President had undergone no change; but 
being interrogated upon the subject, he answered that the records, 
and the records alone, were the sources of his information. 

"It seems to me it would better become our position if we all 
sought the views of the President, so far as we ought to seek them, 
in the same authentic documents. It would save a world of un- 
profitable conjecture. Now, sir, what does all this amount to? 
Why, to this : the President told the senator from Ohio no more, 
as to his future course, than he told the country and Congress in 
his message. It would be strange if he had. The avowal of a 
line of policy, when the proper circumstances are before him, is 
the duty of a sound and practical statesman. But I should much 
doubt the wisdom of the Chief Magistrate of a great country, 
who should sit down to speculate upon future and remote con- 
tingencies afiecting the public welfare, with a view even to the 
decision upon his own course, and still less with a view to its 
annunciation to the world. 

" Let me, then, ask the senator if he thinks it is the duty of the 
chairman of the Committee on Foreign Relations to put gratuitous 
questions to the President, in order that he may be able to come 
here and declare what the executive will do in such and such a 
contingency, which may never happen ; or which, if it do happen, 
may bring with it circumstances that may change the whole aspect 
of the cpiestion ? But I forbear, sir. I consider it unnecessary to 
pursue this question further. 



542 LIFE AND TIMES 

"A considerable i:)ortion of the argument of the senator from 
North Carolina was devoted to prove that the message of the 
President did not justify these anticipations of war, which it 
appears to myself and to other senators to do. Not that he called 
in question the natural tendency of the measures recommended 
by the President, nor the fair construction of his language ; but 
he controlled these by the extrinsic facts to which I have adverted. 
I shall say nothing more upon this subject, but I shall fortify my 
own opinion by the views of other members of this body, who 
are entitled to more weight than I am. 

"The honorable senator from South Carolina said 'that the 
recommendation in the message is founded upon the conviction 
that there is no hope of compromise of the difficulties growing 
out of the President's message, is too clear to admit of any doubt.' 

"After some further remarks, showing the opinions entertained 
of the dangers of war, he adds : 'Entertaining these opinions, we 
were compelled to oppose notice, because it was necessary to pre- 
vent an apjjeal to arms, and insure the peaceful settlement of the 
question.' 

"And the senator from Maryland said : ' We have all felt, Mr. 
President, that at one time at least — I trust that time is past — the 
nation was in imminent danger. From the moment that the 
President of the United States deemed it right and becoming, in 
the very outset of his official career, to announce to the world that 
the title to the north-west territory was clear and indisputable, 
down to his message in December last, I could not see how war 
was to be averted.' 

"And the honorable senator from Louisiana, in his speech 
yesterday, advanced the same opinion upon this subject. 

"And the senator from Georgia also expressed the conviction 
that ' this resolution, based as it is on the President's message, is 
a distinct intimation to Great Britain that this matter must be 
settled, and in a manner acceptable to us, or that at the expiration 
of that time we will take forcible possession of the whole country,' 
which of course means war. 

"And he adds that ' the senator from North Carolina tells us, 
that the President is waiting at the open door of his cabinet, 
ready to adjust this controversy, and to preserve the peace of the 
country.' ' Sir,' he adds, ' even with the aid of the senator's optics, 
I can not see him there.' And he adds also, if these things were 



OF LEWIS CASS. 543 

SO, referring to the views of the senator from North Carolina 
respecting the President's message, ' I should be sorrj to do so,' 
And I fully concur with him in the sentiment. 

" Now, sir, I shall not thrust myself into this dispute — 

"Non nostrum inter nos tantas componere lites." 

" During the progress of this discussion, the blessings of peace 
and the horrors of war have been frequently presented to us with 
the force of truth, and, sometimes, with the fervency of an excited 
imagination. I have listened attentively to all this, though much 
of it I remember to have heard thirty-five years ago. But I beg 
honorable senators to recollect that, upon this side of the chamber, 
we have interests, and families, and homes, and a country, as well 
as they have ; and that we are as little disposed to bring war upon 
our native land unnecessarily as they can be. That some of us 
know by experience, all of us by reading and reflection, the calam- 
ities, moral and physical, that war brings in its train. And we 
appreciate the blessings of peace with a conviction as deej) and. 
as steadfast ; and no one desires its continuance more earnestly 
than I do. But all this leaves untouched the only real subject of 
inquiry. That is not whether peace is a blessing and war a curse, 
but whether peace can be preserved and war avoided, consistently 
with the honor and interest of the country. That question may 
come up for solution ; and, if it does, it must be met by each one 
of us, with a full sense of its abiding importance, and of his own 
responsibility. I suppose there is not a gentleman in this body 
who will not say that cases may occur, even in this stage of the 
world, which may drive this country to the extreme remedy of war, 
rather than she should submit to arrogant and unreasonable de- 
mands, or to direct attacks upon our rights and independence — 
like impressment, or the search of our ships, or various other acts, 
by which power is procured and maintained over the timid and 
the weak. The true practical question for a nation is not the cost 
of war, whether measured by dollars, or by dangers, or by disas- 
ters, but whether wai; can be honorably avoided ; and that question 
each person having the power of determination must determine 
for himself, when the case is presented. Good men may indulge 
in day-dreams upon the subject, but he who looks upon the world 
as it has been, as it is, and as it is likely to be, must see that the 
moral constitution of man has undergone little change, and that 



5i4 LIFE AND TIMES 

interests and passions oj^erate not less upon communities than 
they did when the law of public might was the law of public right, 
more openly avowed than now. Certainly a healthful public 
ojjinion exerts a stronger influence over the world than at any 
former period of its history. Governments are more or less re- 
strained by it, and all feel the eifects of it. Mistresses, and favor- 
ites, and minions no longer drive nations to war ; nor are mere 
questions of etiquette among the avowed causes of hostilities. It 
is not probable that a people will ever be again overcome because 
a statesman may consult his vanity rather than his taste in the 
choice of his pictures, nor that the state of Europe will be changed 
because a lady's silk gown be spoiled by a cup of tea. Humanity 
has gained something ; let us hope it will gain more. Questions 
of war are passing from cabinets to the people. If they are dis- 
cussed in secret, they are also discussed before the world, for there 
is not a government in Christendom which would dare to rush 
into a war unless that measure were sanctioned by the state of 
public feeling. Still, let us not deceive ourselves. Let us not yet 
convert our swords into ploughshares, nor our spears into pruning 
hooks, nor neglect the maritime and military defenses of the coun- 
try, lulled by the syren song of peace! peace! when there may be 
no peace. I am afraid we have not grown so much wiser and 
better than our fathers, as many good people suppose. I do not 
discern upon the horizon of the future the first dawn of the mil- 
lennium. The eagle and the lion will not always lie down in peace 
together. Nations are yet subject to human passions, and are too 
often their victims. The government which should say, I will not 
defend myself by force, would soon have nothing to defend. An 
honorable senator quoted a remark I made some time since — I 
will not say with a sneer, but with an appearance of disapproba- 
tion — that it was better to defend the first inch of national territory 
than the last. Does the honorable senator believe in the converse 
of this proposition? — that it is better to defend the last inch of 
territory than the first? If he does, I sincerely trust, as well for 
his own sake as for the sake of his country, that he may never be 
driven to correct his error in the school of experience. What, 
however, the senator from New Jersey did not do, the senator 
from North Carolina has done. He sneers at territorial as well 
SiQ patriotic inches ; he means a ' line in substance, not every inch? 
' I do not measure my own or other people's patriotism by the 



OF LEWIS CASS. 545 

inch.'' ' How one's American blood boils at the tbought of ceding 
inches!^ He does not tell us by what standard he would measure 
the soil of the Kepublic, or the patriotism of her people. It is 
evident that he does not believe that wise old saying, ' give a man 
an inch and he will take an elV Give a nation a small strip and 
it will demand a larger one. To attempt to purchase safety by 
concession is to build a bridge of gold, not for a retreating, but for 
an advancing enemy. Nations are like the daughters of the horse- 
leech ; they cry, 'give! give!' It is idle, sir, to array ourselves 
against the powerful instincts of human nature ; and he who is 
dead to their influence will find as little sympathy in this age of 
the world as he would have found had he lived in the ages that 
are passed. If we suffer ourselves to be trodden upon, to be de- 
graded, to be despoiled of our good name and of our rights, under 
the pretext that war is unworthy of us or our time, we shall find 
ourselves in the decrepitude of age before we have passed the 
period of manhood. 

" A great deal has been said in England, and not a little in the 
United States, respecting our grasping propensity, in demanding 
the whole of Oregon ; and we hav^e been solemnly admonished 
of the awful responsibility of involving two great nations in war. 
The subject in dispute is said not to be worth the perils a conflict 
would bring with it ; and the honorable senator from Maine has 
exhibited to us, as in a balance, the disasters of war, and the value 
of the matter in controversy, and has made our territorial claims 
to kick the beam. Permit me to turn to the other side of this 
picture. I acknowledge the moral obligation of governments to 
avoid war, where higher obligations do not drive them to it. I 
will not call England the Pharisee of nations, but I will say that 
she does not hide the light of her own good deeds under a bushel. 
The ocean scarcely beats upon a shore within sight of which her 
flag is not seen, and within sound of which her drum is not heard. 
And yet her moderation is proclaimed, and often with the sound 
of her cannon, from one end of the civilized world to the other. 
She is not like other nations., and, least of all, like that great grasp- 
ing mohocracy of the West. ' I thank God,' said the Pharisee of 
old, 'that I am not as other men are.' Now, the chapter of 
accidents has turned up favorably for England, if she will accept 
the opportunity afforded her. No man in this country wants war 

— ultraists no more than compromisists., if I may use terms 
35 



54:6 LIFE AND TIMES 

justified by the occasion. Tlie extreme partisan of decisive 
measures asks nothing but the whole of Oregon. Give him that, 
and he will become as meek as the latest professor of humility, 
who writes homilies upon national moderation for the London 
Times. Now, sir, let England abandon her pretensions, and all 
these disasters, the consequences of war, which are foretold — and 
I do not doubt many of them justly foretold — will give way, and 
exist only in the memory of this debate. There is no condition 
of things, foreseen by any man, public or private, in this country, 
which can give to England a better line than 49°. The country 
north of that line is, therefore, all she could gain by a contest, 
which is to involve the fearful consequences predicted to both 
countries ; which, during its progress, it is said, will bring nation 
after nation within the sphei-e of its operation, and which is finally 
to commit to the decision of the sword the great question of free 
government through the world, by placing in its path the antago- 
nistic principle, that the many should be governed by the few. 
What, then, would England surrender to preserve the peace of 
the world, and thus give the first practical proof of raoderatioii to 
be found in the long annals of her history ? I agree fully with 
the honorable senator from Missouri, [Mr. Atchison,] that if Eng- 
land would acknowledge our rights, and withdraw her opposition 
to them, and should then ask a better access to the ocean for her 
interior territories, I would grant it without hesitation, as a favor, 
upon the most reasonable consideration. If this should be done, 
she would have left about three hundred miles of coast to fight 
for ; and I will return the question of the gentleman from Maine, 
and ask if this strip of land is worth the price of such a contest ? 
England is already gorged with possessions, both continental and 
insular, overrun, almost overloaded with subjects of all castes, 
colors and condition. At this very moment, she is waging two 
wars of aggrandizement — one for commercial projects upon the 
La Plata, and the other for a new empire upon the Indus. The 
latest Morning Chronicle I have seen, one of last month — and 
that paper is the Whig organ of England — says, and the proposi- 
tion is enunciated with characteristic coolness, and with as much 
apparent candor as if it were extracted from the latest treatise 
upon public morals, '■loe can never govern India so well as we 
tnigJii.) until we possess the whole of it.'' A congenial sentiment is 
quite as much at home m every English breast, that America 



OF LEWIS CASS. 547 

tooidd he much hetter governed than it is, if England possessed the 
whole of it. 

'• Let the British government now say, two wars at the same 
time are enough for the purposes of aggrandizement. We will not 
encounter a third — we w^ill give up this doubtful'and disputed 
claim, and hold on in America to what we have got — we will do 
so much for peace. Let her do this, and I, for one, will say, well 
done. You begin to practice, though upon a small scale, as you 
preach. And why not do so ? This territory is separated by an 
ocean and a continent from England. She can not long hold it, if 
she should gain it. I mean long, compared with the life of 
nations ; whereas it joins us, intervenes between us and our com- 
munication with the Pacific, will form an integral — I do not 
doubt a perpetual — portion of our confederacy, will be, in time, a 
necessary outlet for our population, and presents all those ele- 
ments of contiguity and of position which indicate and invite 
political unions. 

" But it has been said and re-said, in the Senate and out of it, 
that two great nations can not go to war. And why can not two 
great nations go to war against one another, as well as two great 
nations combined against a small one ? So far as honor contemns 
a disparity of force, the former would be much more honorable 
than the latter. 

" What is going on in the La Plata, where France and England 
have sent their united fleets and armies against the Argentine 
republic, and where the echoes of their cannon are ascending the 
Parana and its vast tributaries, till they are lost in the gorges of 
the Andes ? 

"'There can be no war in this enlio-htened ag-e of the world? 
What, then, is passing in Africa, where one hundred thousand 
Christian bayonets have driven the Arab from his home, and are 
pursuing him into the desert, the refuge of the turban since the 
days of the patriarchs ? 

" What is passing ujDon the shores of the Euxine, where the Cos- 
sack has left his native plains, and, at the call of Kussia, is ascend- 
ing the ridges of Caucasus to subdue its indigenous races, and to 
substitute the mild rule of the Muscovite for their own patriarchal 
form of government — dependence upon the Czar for dependence 
upon themselves ? 

" And what is passing in the Punjaub, where the last advices left 



548 LIFE AND TIMES 

two mighty armies almost within sight of each other, after hav- 
ing fought a great battle of Hindoo ambition against English 
moderation f 

"And how long since an enlightened gOYQvnra&nt^parexGellence^ 
broke the barrier of Chinese power, which has so long insulated a 
vast empire, and scattered dismay and death along its coasts, 
because its rulers had interdicted the sale of opium, a drug equally 
destructive to the moral faculties and to the physical powers of 
man ? The Tartar passed the great wall, and planted his horse 
tails upon the towers of Pekin. He then became a Chinese, and 
the empire went on as before. But the Englishman, with his 
cannon balls and his opium, has introduced an innovation into 
the habits and condition of one third part of the human race, 
which may fatally affect its future prosperity. 

" And how long is it since an English army passed the gates of 
Asia, and, ascending the table-land of that continent, if it had not 
been annihilated by a series of disasters, which have few parallels 
in modern warfare, might have reversed the march of Alexander, 
and reached the Mediterranean by Nineveh, and Babylon, and 
Jerusalem ? 

" And only five short years have elapsed since Christian cannon 
were heard in the mountains of Lebanon, and their bombs ex- 
ploded among the broken monuments of Sidon. 

"In this brief view and review of pending and recent wars, I 
do not advert to the hostilities going on among some of the States 
of Spanish origin upon this continent, in Hayti, in Southern Africa, 
upon the frontiers of the colony at the Cape of Good ELope, in 
Madagascar, and in various islands of the Eastern ocean, because 
these are small wars, and some of them are waged by civilized 
nations against barbarous tribes, and hardly worthy of atten- 
tion in these days of philanthropy — of that philanthropy which 
neglects objects of misery at home, whether in England or Ireland, 
the relief of which would be silent and unobtrusive, and seeks 
them everywhere else through the world, that they may be talked 
of and exhibited as proofs of benevolence — which, as an eminent 
French writer says, overlooks the wants of our neighbor, but goes 
to the north pole upon a crusade of charity ! which has an innate 
horror at the very idea of black slavery, but looks calmly and 
philosophically, and with no bowels of compassion, nor compunc- 
tions of remorse upon white slavery, and brown slavery, amounting 



OF LEWIS CASS. 549 

to millions upon millions in Russia, and in the English posses- 
sions in India and elsewhere, because, forsooth, this servitude is 
not in the United States, and neither cotton nor sugar will be 
affected by it. 

" These, and the Belgian war, and the Spanish war, and the 
Greek war, are events of but yesterday, yet sounding in our ears, 
and dwelling upon our tongues. And I might go on with these 
proofs and illustrations of the pugnacious disposition of the world, 
till your patience and mine were exhausted. 

" Why, sir, if England had a temple of Janus, as Rome had of 
old, it would be as seldom shut as was that of her imperial pro- 
totype. The first fifteen years of this very century were nearly 
all passed in the greatest war known perhaps in the annals of 
mankind ; and there are senators in this body, and I among the 
number, who were born at the close of one war with England, and 
have lived through another, and who are perhaps destined to wit- 
ness a third. And yet zealous but ill-judging men would try to 
induce us to cast by our armor, and lay open our country, be- 
cause, forsooth, the age is too enlightened to tolerate war. I am 
afraid we are not as good as these jpeace men^ at all sacrifices^ 
persuade iJiemselves and attemj)t to jyersuade others. 

" But, sir, to advert to another topic. I perceive — and I am 
happy to find it so — that there has been a nearer union of senti- 
ment on one branch of this subject between the honorable senator 
from Maryland and myself than I had supposed. All I regret is, 
that he had not avowed his opinion earlier in the session ; for 1 
should have felt myself greatly encouraged in my course by the 
identity of our views respecting the danger of the country. The 
honorable gentleman says : ' We all have felt at one time, at least 
— I trust that that time has passed — the nation was in imminent 
danger of war.' ' From the moment the President of the United 
States deemed it right and becoming, in the very outset of his 
ofiicial career, to announce to the world that the title of the United 
States to the northwest territory was clear and indisputable, down 
to the period of his message in December, when he reiterated the 
assertion, I could not see how it was possible war was to be 
averted.' ' I could not but listen with dismay and alarm at what 
fell from the distinguished senator from Michigan at an early 
period of this session.' 

" Now, sir, I have not the slightest wish to misinterpret the 



550 LIFE AND TIMES 

sentiments of the senator from Maryland ; but I frankly confess 
I do not understand how, with the opinion he expresses, that war 
was unavoidable, any remarks of mine could have been thus 
characterized. I am well aware, indeed, that they- came like a 
bomb-shell into a powder magazine. But why, I have yet to 
learn. Like the honorable senator from Maryland, the moment I 
read the President's message, I saw to my own conviction, at least, 
that our relations with England were in a critical situation ; and 
that a regard to our duty, as representatives and sentinels of the 
people, required ns to take measures of precaution, proportioned 
to the danger, whatever that might be. The President, with a 
due regard to his own responsibility, as well as to the just expec- 
tations of his countrymen, spread before us, not only his own 
views and recommendations, but the whole diplomatic corres- 
pondence, which had passed between the two governments, on 
the subject of Oregon. "Well, we all saw there was a dead halt in 
the march of the negotiations. The President told us, in effect, 
they were closed. I am not, sir, very tenacious as to the word. 
I do not attach that importance, in fact, to the condition itself, 
which the senator from North Carolina appears to do. I am 
willing to call it closed, or terminated, or suspended, or in the 
executive phrase, ' dropped.' All I wish to show is, that nothing 
was going on. Why the honorable senator from North Carolina 
dwelt with such earnestness upon this point, I do not comprehend, 
unless, indeed, he supposed, that if the negotiations were closed, 
they were closed forever, beyond the reach of the j)arties. If 
such were his views, I do not jDartake them. I trust no question 
of mere etiquette will keep the parties separated, if other circum- 
stances should indicate they might be brought together. Such a 
course of action, or rather of inaction, would deserve the reproba- 
tion of the whole world. But however this may be, the President 
said, tliat all attemj)ts at compromise liad failed. These are his 
words. He invited ns to give the notice for the termination of 
the joint occupancy of the country. He said it was all ours, and 
that our title to it was maintained hy irrefragable facts and argu- 
ments ; and he said, also, that at the end of the year, the tempo- 
rary measures, which a regard to treaty stipulations allowed us 
only to adopt at this time, must be abandoned, and our jurisdic- 
tion over the whole country established and maintained. Such 
were, in effect, the views submitted to us by the Chief Magistrate 



OF LEWIS CASS. 551 

of the nation, in the discharge of a solemn duty committed to 
him by the Constitution. 

" One would think there were elements enough of trouble to 
engage the attention of the national Legislature, and to command 
its immediate action. If the ship of State were to be steered by 
the chart thus prepared by the pilot, either Great Britain must 
turn from her course, or we must meet her. There was no other 
alternative. She must gainsay much she had said. She must 
relinquish much she had claimed. She must concede much she 
had denied. She must do what a proud nation does with reluct- 
ance — retrace her steps in the face of the world, and lower herself 
in her own estimation. I did not say she would not do all this. 
I do not say so now. But looking to her history, to her position, 
and to the motives of human conduct — as these operate upon 
communities, as well as ujDon individuals — I had great difficulty 
in believing that she would do it, and I said so. And there was 
yet another element of uncertainty, combined with all these causes 
of embarrassment, and that was the doubt, if she came to the 
parallel of 49°, whether she would find our government ready to 
come back to the same line. I know nothing of the intentions of 
either government upon that subject. I can not speak authorita- 
tively, and therefore I do not undertake to speak at all. I know 
as little as any one in this room, be he actor or spectator, in the 
scene that is passing, whether the offer would be accepted, if 
repeated, or whether it would be re23eated, if demanded. All I 
know is, that as the basis of an amicable adjustment, that time, 
which, while it mends some things mars others, is every day 
increasing the difficulty of its establishment ; and that, as a means 
of terminating this controversy, I believe the question is rapidly 
passing from the control of the government to the control of pub- 
lic opinion. 

'' Under these circumstances, I introduced resolutions of inquiry 
into the necessity of adopting measures for the defence of the 
country, and, on the 15th of December, I advocated their adop- 
tion and explained my views, of which I have now troubled the 
Senate with a brief summary, and to which the honorable senator 
says he listened with ' dismay and alarm.' ' Dismay and alarm' 
at propositions for defense, when the gentleman himself says that 
' the nation was in imminent danger ' ! when ' he could not see 
bow it was possible war was to be avoided ' ! For it will be 



552 LIFE AND TIMES 

observed, there were subsequent circumstances, subsequent by 
some weeks, whieb removed this impression of the danger of war 
made by the President's inaugural address, and by his message 
at the commencement of the session. They were the speeches of 
the senators from Missouri and New York, and especially the 
speech recently delivered by the senator from North Carolina. 
For myself, I did not hear one word fall from the senators from 
Missouri and New York, so far as I recollect, in which I did not 
fully concur. The former, besides the authority which long ex- 
perience, high talents, and great services to his country and his 
party, give to all he says, here and elsewhere, understands this 
whole subject better than any man in the nation. And we all have 
borne our tribute of gratification to the able and statesmanlike ex- 
position of the matter given by the senator from New York. I did 
not understand either of these senators, as alluding to the ulterior 
course of the President, or seeking to express any opinion respect- 
ing the result of this controversy. And I will ask the senator from 
Maryland whether, upon a grave question like this, it is not safer 
and wiser to deduce the views of the President from two public 
and solemn documents, spreading before his country his opinions 
and foreshadowing his course, rather than from the construction 
given them by others, and resting upon what is called acts of 
omission and of commission. 

" It is not a little curious, but it is nevertheless true, that dur- 
ing the discussions brought out by my resolutions, gentlemen on 
the other side of the Senate took the opportunity of expressing 
their entire concurrence in the views and course of the President, 
and avowed their gratification at the executive statements and 
recommendations, though a condensed narrative of the negotia- 
tions accompanied the message and formed the groundwork of 
the suggestions submitted to us, and though the correspondence 
was spread out in full before us. "What is now thought upon this 
subject on the other side of the chamber, it needs not that I should 
tell. The views there expressed are as unequivocal as they are 
condemnatory. ' "We all have felt,' says the senator from Mary- 
land ' that war was imminent,' and, still more emphatically, ' I 
could not see how it was possible war was to be averted.' 

" But I may be permitted to ask the honorable senator, if war, 
in his opinion, was thus imminent, and not to be averted, how 
happened it that my remarks ' filled him with alarm and dismay P 



OF LEWIS CASS. 553 

I thought there was danger of war, and so it appears did he. 
And his estimate of the danger was higher than mine; for I 
thought that among other means of avoiding it, instant and ade- 
quate preparations might exhibit such powers of offense and 
defense, and such a spirit in the country, that England might 
pause before she would drive us to the last alternative of injured 
nations. And therefore was I so anxious for an immediate and 
decisive manifestation upon this subject. But we have all suffered 
these resolutions to sleep, as I remarked the other day, if not the 
Bleep of death, a slumber almost as quiet ; and though they were 
a little startled by the President's message, still, before their full 
resuscitation into life, it may be necessary that that same solemn 
warning should penetrate these marble halls, which has said to 
other improvident nations, awake ! the enemy is upon you. If, 
then, both the senator and myself were apprehensive of war, and 
he thought it could not be averted, the ' dismay and alarm' which 
my remarks occasioned, did not result from any difference of 
views upon that subject. And, as these remarks had but two 
objects — one to show the danger we were in, and the other to 
guard against it — it would seem to be the latter at which the 
honorable senator took exception ; and it is certainly a cause of 
mortification, that I managed my subject so awkwardly as to 
convert my propositions for defense into a matter for ' alarm and 
dismay.' 

" Since then, however, sir, another note of warning has reached 
us from the eastern hemisphere, and we not only know that Eng- 
land is arming, but the sovereign herself has announced the fact 
in the most imposing manner, and has called upon Parliament to 
extend these armaments still further. And we now exhibit to the 
world the extraordinary spectacle of a nation in a state of perfect 
tranquillity — I might rather say of apathy, almost — without an 
army, without a militia — for our militia is unfortunately nearly 
disorganized — with unfinished and unfurnished defenses, with an 
inadequate supply of the materiel of war, with a navy calculated 
only for a state of peace, with three thousand six hundred miles 
of sea-coast on the Atlantic, and one thousand three hundred 
miles on the Pacific, and four thousand one hundred miles of inte- 
rior frontier from Eastport to the line where ^¥^ 40' strikes the 
ocean, and two thousand four hundred miles of interior frontier 
from the south-western corner of Oregon to the Kio del Norte — 



f 
554: LIFE AND TIMES 

making a boundary of eleven thousand four hundred miles, agree- 
ably to the calculation I have procured from the librarian, and 
penetrable in all directions, while, at the same time, we are 
involved in a great controversy with the most formidable nation — 
formidable in the means of injuring us — upon the face of the 
globe, which is buckling on its armor, and telling the world, 
through its sovereign, that it will maintain its interests and its 
honor — which, being translated into plain American, means that 
it will hold on to its claims." 

As an ultimate reason, the defenders of the 49th parallel pre- 
sented, in hideous colors, the aspect of war, with a lengthy 
catalogue of calamities. They seemed to appreciate patriotism 
at a price. They appeared to guage national honor as a commo- 
dity — to ascend or descend on the barometer of traffic, as the 
caprice of the commercial dealer might dictate. The mail bags 
were filled, to overflowing, with their speeches, and disseminated 
profusely all over the Union. Already had they taken an appeal 
to the sovereigns of the land, with the expectation of forestalling 
public opinion. As they would have it understood, this strip 
of land — 6° 40' — was an insignificant item in the national 
account book, when contrasted with the enormous expenditure of' 
treasure that might be occasioned, if the pretensions of the United 
States thereto were insisted upon. Kot content with this view of 
the subject, they would occasionally exchange the desk of the 
commercial accountant for the easel of the artist, and paint in the 
glowing colors of the most vivid imaginings, the hardships of the 
camp and the horrors of the battle-field. 

General Cass appreciated, most sensibly, the attitude of his 
government at this interesting crisis of its history. Yet he saw 
no reason for dismay. If the American title reached to the upper 
parallel of latitude — -as he verily believed it did — he would 
leave the consequences of insisting upon our clearly established 
rights, (whatever they might be,) to that Almighty arm which had 
hitherto supported the standard of the republic in every peril. 
If there was but one lone inhabitant upon the disputed territory, 
he would mantle him with the stars and stripes, at whatever cost 
and hazard. 

But, whether this controversy with Great Britain terminated in 
war or no, he was in favor of being prepared for this last extremity 



OF LEWIS CASS. 555 

with the nations of the world — single-handed or combined. 
Millions for defense — not one cent for tribute. 

It was these considerations which induced him to engage, still 
further, the attention of the Senate. 

" Mr. President, a great deal has been said, both here and else- 
where, respecting the probability of war — whether it will result 
from the present condition of the two nations. Some gentlemen 
think this is a legitimate subject of inquiry, arising out of the 
principal question — that of the notice — directly before us ; 
while others think we should decide the question on its own merits, 
leaving out of view the consequences to which it may lead. 
Certainly, a question of territorial right should be judged and 
determined nakedly, and unembarrassed by other considerations. 
"We owe that to our own honor. Still, it becomes prudent men, 
especially prudent statesmen, when taking an important step, to 
look to its results. Neither national nor individual acts are insu- 
lated — one measure leads to another. It seems to me it is not 
only our right, but our duty, as the representatives of the States, 
to inquire where this measure will conduct us. If to a stable 
peace, so much the better. If to war, let us contemplate its pros- 
pects and its dangers, and let us prepare for its consequences. 
But, at any rate, let us commune together, and not blindly rush 
into the future, rather driven by our instincts, than guided by our 
reason. 

" Our first object is to preserve our rights ; our next to do that 
peacefully. "While we all hope that war will be averted, that hope 
will never be strengthened by underrating the capacity of either 
nation to defend itself, or to injure its opponent. For my own 
part, I see no want of patriotism in stating plainly and frankly 
the means of annoyance that England possesses ; and I think the 
course of my honorable friend from Delaware upon that subject 
was equally patriotic and judicious. There is said to be a bird in 
the desert, which hides its head in the sand, and then thinks it is 
safe from danger, because it can not see it. Let us not imitate this 
folly. Let us look directly at what we must encounter, if we are 
forced to war, and then let us behave like reasonable men, and 
make reasonable preparation to meet it. 

" I see it said in a late London Herald^ that we can not carry on 
war, because we can not procure the means to meet the necessary 
expenditures. The same assertion has been made in some of our 



656 LIFE AND TIMES 

own journals, and even by higher authority. The senator from 
South Carolina has referred in this connexion to a venerable man, 
for whom, and for whose patriotic services, I have great and sin- 
cere respect, who has awakened from a political slumber of almost 
a quarter of a century, and presents himself to his countrymen 
with elaborate statistical tables, showing the pecuniary cost of 
war, and the burdens it brings with it. All this is unnecessary. 
It is taught in the very horn-book of national expenditures. Ours 
is not a question of the cost of war, but of its necessity. That 
same eminent man, the survivor of the cabinets of Mr. Jefferson 
and of Mr. Madison, was understood, in 1812, to entertain a similar 
repugnance against committing the destinies of his country to 
war, which he now exhibits, and to foreshadow similar ditSculties. 
I do not know if the fact be so. I can repeat only the rumors of 
that day. It was then asserted and believed, that some report or 
document from the Secretary of the Treasury was intended to 
dampen the national ardor, by an imposing array of the contribu- 
tions it would be necessary to levy upon the country, in the event 
of war, and thus to prevent its occurrence. But the effort, if 
made, was useless then, and it will be useless now. The war went 
on, because it could not be avoided without a sacrifice of the 
national rights and honor, and it came to a glorious conclusion. 
It pushed us forward in all the elements of advancement. And 
as we did then so shall we do now. If a war is forced upon us, 
we shall meet it with its dangers and its responsibilities. No 
array of figures will stop the people in their patriotic course. 
You might as well attempt to stop the surges of the ocean beating 
upon the sea-coast by marks in the sand, which the first wave 
sweeps away, and then passes on. 

" As to this notion, that a war can not be maintained without 
cash enough in the possession of the government to carry it on, 
or the means of procuring it at any time by loans, the two suc- 
cessful experiments we have made have demonstrated its fallacy. 
I do not stop to point out the peculiarities in our condition which 
prevent our national exertions from being paralyzed by deficient 
resources. They are to be found in the spirit and patriotism of 
our people; in the common interest they feel in a government, 
established by them, and responsible to them ; in the system of 
private credit, which almost makes part of our institutions, and 
which often separates by wide intervals the purchase and the 



OF LEWIS CASS. 557 

payment ; in the abundance and cheapness of the necessaries of 
life, and in the military ardor which stimulates our young men 
and sends them to the standard of their country. N"o modern 
Crcesus, be he a king of financiers, or a financier of kings, holds 
in his hands the action of this government. But even in Europe, 
a decisive experiment has shown that the exertions of a nation 
are not to be crippled by a crippled treasury. One of the great 
errors of Mr. Pitt arose from his belief, that as the French resources 
and credit were deranged and almost destroyed, therefore France 
was incapable of the necessary efibrts to defend herself against 
the formidable coalition, at the head of which England placed 
herself, and to maintain which she poured out her blood as freely 
as her treasure. But the result proved the folly and the fallacy of 
all this, notwithstanding the depreciation of the French paper, and 
the difficulties consequent upon it. What was the progress and 
the result of this effort to prevent a people from changing and 
reorganizing their government, is written upon the pages of a 
quarter of a century of war, and still more plainly upon the 
oppressed taxation of England, which now weighs upon her present 
condition like an incubus, and overshadows her future with dark 
clouds of adversity. 

" I now propose to submit some observations upon the remarks 
presented to the Senate a few days since, by the distinguished 
senator from South Carolina. The originality of his views, and 
the force of the illustrations with which they were supported, give 
them great consideration ; and as it seems to me, that in some 
important particulars their tendency is erroneous, I desire to 
communicate the impression they made upon me. 

" "While I shall do this, with the freedom which a sincere search 
after truth justifies, I shall do it with the respect that the eminent 
services and high character of the senator justify, and that an 
uninterrupted friendship of thirty years, which has been to me a 
source of great gratification, naturally inspires. 

" The senator states, that when this proposition for notice to 
terminate the joint occupancy of Oregon was first submitted for 
consideration, he was opposed to it : but that now he is in favor 
of it in some modified form ; the form, I believe, it assumes in the 
resolution of the senator from Georgia. 

"That his motives of action were the same in both cases — a 
desire to preserve the peace of the two countries; that in the 



558 LIFE AND TIMES 

former part of the session, he thought the notice would lead to 
war, and therefore he opposed it ; that he thinks now it would 
lead to jDeace, and therefore he favors it. 

"Certainly, Mr. President, this is consistent ground for any man 
to occupy. A change of action on questions of expediency, where 
circumstances have changed, is a dictate of true wisdom. He 
who boasts he has never changed, boasts, in fact, that the lessons 
of experience have been lost upon him ; and that he grows older 
without growing wiser. But before a change takes place in our 
approbation or condemnation of a great question of national policy, 
the reasons which dictate it should be carefully considered, and 
clearly established. 

" Has this been done by the senator from South Carolina ? I 
think not. He assumes the very fact upon which his whole argu- 
ment rests. He assumes that a great change has taken place, both 
in this country and in England, in public opinion upon this subject, 
which will necessarily lead to a comj^romise, and thus to an 
amicable adjustment of this serious and long-pending controversy. 

"Mr. President, I can not partake this confidence. The signs of 
the times are anything but auspicious to me. It will be perceived, 
that the annunciation thus certainly made of the peaceful termi- 
nation of this matter, rests upon the change in public opinion and 
upon the conviction that both governments are ready to compro- 
mise, and both prepared to come to the same line ; so much so, 
indeed, that the senator adds, 'he trusts that in concluding it 
there will be no unnecessary delay.' 

" In all this, sir, I am under the impression there is a great 
misapprehension. As to the U7iiversality of the proposition that 
all are agreed as to tJiis cliange^ I know there is an error. For 
myself, my conviction is as strong as human conviction can be, 
not only that the change thus indicated has not taken place, but 
that a great change has been going on in a contrary direction. I 
believe that the opposition to a compromise upon the parallel of 
49° has increased, is increasing, and will go on to increase ; and 
that both here and in England, public opinion is less and less 
confident in an amicable settlement of this dispute. I shall not 
pursue this matter into its details. I will merely remark, that the 
evidences of public opinion which reach us, whether borne here 
by letters, by newspapers, by the declarations of conventions, or 
by the resolutions of legislative bodies, is decisive and indisputable. 



OF LEWIS CASS. 559 

And, in proof of this, look at tbe passage of the resolutions in 
the House of Kepresentatives by a majority almost unknown in 
a free country upon a great question like this, and involving such 
momentous consequences; and this, too, when the senator says, 
he thought their passage would lead to war. And what say the 
advices from England ? They speak a language as positive as it 
is minatory. What says the Standard^ of March 3d, the great 
Tory organ ? I wifl tell you : ' But will the American Congress 
confirm the insolent and unwarrantable tone adppted by this 
'braggadocio?'' &c. And the person thus denominated by these 
models of all that is decorous, so often recommended to us for our 
study, is the President of this great Republic. ' And dreadful as 
is the alternative, it will be with the utmost difficulty that any 
British minister can escape from it with honor.' The last London 
Times that I have seen says : 'The joint navigation of the Colum- 
bia, the right of harbors on the sea-coast, and the right of traific 
for the Hudson Bay Company on one bank of the river, are, we 
think, demands neither unjust nor extravagant.' The London 
Gazette^ of March 3d, says: ^ The news from the United States 
justifies the fears we have repeatedly expressed of the determined 
spirit of hostility which pervades a powerfxd party in the United 
States.'' The London Sun., a neutral paper, says : ' The news from 
this country has produced a strong feeling of indignation among 
our commercial circles ; and those who have all along opposed the 
expediency of war, on account of mercantile connexions, now 
openly claim a vindication of the honor of the country at the 
hands of the executive.' ' The feeling everywhere is, that Eng- 
land, having shown as much forbearance as is compatible with 
her station in the scale of nations, is now called upon to treat the 
proceedings of the American legislators with the contempt they 
deserve.' The Liverpool Courier., of March 4th, says : ' The conse- 
quences to which it may lead (the refusal to arbitrate) may be 
most calamitous. But the Americans will only have themselves 
to blame if war ensues ; for England has done all in her powder to 
brino- matters to a satisfactory and peaceful issue.' Such are the 
evidences of public opinion in England, which the last packet 
brought us ; and of the favorable change there, which renders a 
compromise certain, and a question only of time. 

"The honorable senator has referred, in this connexion, to the 
declaration of Sir Robert Peel, made sometime since in the 



560 LIFE AND TIMES 

British House of Commons, that he regretted their minister had 
not transmitted to his government the proposition of a compromise 
upon the parallel of 49° ; that if not satisfactory, it might have 
been made the basis of a modified offer. I am not inclined to 
draw as favorable a conclusion, however, as the honorable senator, 
from this incidental remark, made, not to us, but in the course of 
a parliamentary discussion. In fact, it is so cautiously expressed, 
as to lead to no useful deduction respecting his real views. It is 
a mere barren remark. Had the premier intended it should pro- 
duce any practical consequences, he would have communicated to 
our government the views of the British cabinet, and would have 
accepted the offer, or returned it with the proposed modification. 
But we hear nothing of this disapprobation — no, not disapproba- 
tion, but of soft regret at the hasty decision of the British minister 
here — till six months after it took place, and then we learn it in 
the public debates, and that is the last of it. It is to me a curious 
chapter in the history of British diplomacy, that a minister would 
venture to take the grave responsibility of rejecting such a propo- 
sition, without referring it to his government, and he is not even 
censured for it. If he had been recalled, or a successor sent out, 
with instructions to accept the propositions made by our govern- 
ment for a compromise, we should then have had a proof of 
sincerity better than a barren declaration, and which might have 
led to a better state of feeling. 

"The senator from South Carolina has entered at some length 
into a defense of his views respecting the acquisition of Oregon, 
by what is called the process of masterly inactivity. And if he 
has not made converts to his opinion, he has gained many admirers 
of his talents by his masterly vindication of it. 

" Certainly, sir, it is often the part of true wisdom in this world 
to stand still — to wait for time and circumstances. There is a 
great deal of wisdom in old proverbs, and one of them says, 
^Let well enough alone.'' Time has wrought many wonders for our 
country, and is destined to work many more. The practical diffi- 
culty is, to determine when inaction should cease and action 
commence, and how the operations of time can be best aided by 
enterprise and industry. The honorable senator says, that cir- 
cumstances have got ahead of his system, and that he adverts to 
the subject, not to apply it, but to defend it. It seems to me, sir, 
it never could have produced the results the senator anticipated, 
and produced them peacefully. 



OF LEWIS CASS. 561 

"Here was an open question, which, for almost forty years, had 
oqcupied the attention of the two countries, which had been kept 
at arm's length by an improvident arrangement, instead of being 
grappled with and adjusted, as it could have been, and sliould 
have been, long ago, and which had at length increased to a fearful 
magnitude ; and, what is still more, had begun to enlist passions, 
and feelings, and interests, that threatened to take the controversy 
from the pen, and to commit it to the sword. The claims of two 
great countries to a distant territory were unsettled, and in a con- 
dition unprecedented in the history of national intercourse — each 
with a right to occupy the whole of the territory, but each liable 
to have this right defeated by the previous action of the other 
party — each holding a remote possession, beginning to fill up by 
emigration with their respective citizens and subjects, hardy, 
enterprising, and somewhat pugnacious, intermingled upon the 
same soil, seizing it as they could, and holding it as they might, 
without any of those improvements which require for their crea- 
tion and support the joint and legal action of a community, and 
wholly irresponsible for their acts towards one another, except 
through the medium of tribunals belonging to the party claiming 
allegiance over the aggressor, and possessing no sympathy with 
the complainant. The end of all this may be foreseen without 
the gift of second sight. Collisions must be inevitable. The only 
wonder is, they have not already occurred. And the first gun 
that is fired upon the Columbia will send its echoes to the Potomac 
and the Thames. And think you that the matter will be coolly 
examined, dispassionately discussed, and amicably arranged ? No, 
sir ; each nation will believe its own story, and both will be ready 
to arm, and assert its honor and defend its citizens. All history 
is full of these incidents ; and the peace of two great nations is 
now held by the slightest tenure, dependent upon passions and 
interests to be called into fierce action upon the shores that look 
out upon China and Japan. "VVe are told that Time is the great 
physician, who might have cured this disordered state of our 
political affairs. I am a firm believer in the silent and ceaseless 
operations of that mighty agent. But this case was beyond its 
power. If, indeed, Time would stands till for one of the parties, 
and move only for the other — stand still for England, and move 
on for us — our state of progress would soon pour through the 

passes of the Rocky Mountains a host of emigrants who would 
36 



562 LIFE AND TIMES 

spread over all the hills and valleys from the summit of that great 
barrier to that other barrier, the ocean itself, which says to the 
advancing settlements, Come no farther. But neither Time nor 
England would stand still. Her government is sagacious, alive 
to her interests, and ready to maintain them. She knows the 
value of the country as well as we do, and ajipreciates it perhaps 
higher. No one can read the speeches in the House of Commons 
on the 4th of April last, without being sensible that the subject, in 
all its extent, has occupied the attention of the British government, 
and that the country itself will occupy its fostering care. Think 
you that that government would have continued to see band after 
band of our citizens leaving our frontier settlements, lost to human 
observation almost, for months, while passing through the desert 
with its toils, its privations, and its dangers, and finally emerging 
into the land of promise, to seize it, and to hold it, and would 
have looked calmly on, receding as we advanced, retreating to the 
hill as we descended into the valley, and finally yielding us quiet 
possession of this long-disputed territory ? He who does not 
believe all this, must believe that Time would not have peacefully 
adjusted this controversy for us. But, beside, this process of 
adjustment does not assume that our right to exclude the British 
from the country will be increased by settlement. It may add 
strength to our power, but none to our title. It does not presup- 
pose that war is to be averted, but only postponed. The rights of 
England, at the end of any given period, will be precisely what 
they now are ; and, unless she should voluntarily relinquish them, 
a conflict would be inevitable. It seems to me very clear, tbat if 
she would ever be disposed to abandon the country, she would do 
it now, when the disparity of force there is not such as to cast the 
reproach of timidity upon her counsels, and when the number of 
her subjects is not such as to render difiicult a satisfactory 
arrangement for them. 

" Mr. President, the senator from South Carolina has held up 
to our view a somber picture of the calamities which a war with 
England would bring upon the United States — too somber, sir, if 
I am not utterly ignorant of the history and condition of my 
country, and of the energy and spirit of my countrymen. I shall 
not examine it feature by feature ; but there are certain portions 
I desire to present to the Senate. 



OF LEWIS CASS. 563 

" What probable circumstances could require this country to 
keep up a military and naval force of two hundred thousand men 
for ten years — the land portion of it divided into seven great 
armies — I confess my utter inability to conjecture. "Why the 
honorable senator fixes upon that period for the duration of the 
war I know not. It is so wholly conjectural as to elude the appli- 
cation of any principle to it. Lon2; before its expiration, if we are 
not utterly unworthy of our name and our birthright, we should 
sweep the British power from the continent of North America, 
and the remainder of the time must be occupied by predatory in- 
cursions upon the coast and by hostilities upon the ocean. The 
dangers or disasters which this state of things brings with it, 
would require but a small portion of the force considered neces- 
sary by the senator. As to Mexico, I trust we shall bear much 
from her. We owe that to our own strength and to her weakness; 
to our own position, not less than to the situation of her govern- 
ment, and to the quasi civil war which seems to be the curse of 
her condition. But should we be driven to put forth our strength, 
peace would ensue, and speedily; but it would be a peace dictated 
in her capital, and placing her political destiny at our disposition. 

" And besides, during the progress of such a war to which the 
honorable gentleman alludes, who can tell the sphere of its oper- 
ations, and what nations would become parties to it? How soon 
would the great maritime questions of our day present themselves 
for solution ? How long would it be before England would revive 
and enforce those belligerent pretensions which drove us to war 
when we were neutral, and which would drive other nations to 
war occupying the same position? How long before the violation 
of her flag would arouse the public feeling of France, and compel 
her government to vindicate its honor ? And who can tell what 
war of principles and opinions would come to add its excitement 
and passions to the usual struggles of contending nations? The 
world is, indeed, in comparative repose ; but there are causes in 
operation which, if quickened into action by peculiar circum- 
stances, might shake the institutions of Europe to their very 
foundations. I consider a war between England and the United 
States for ten years, or for half of that time, utterly impossible, 
without bringing into collision the great questions of our day — 
the right to govern and the duty to submit — and into fierce action 



664 LIFE AND TIMES 

the interests and passions which such a struggle would excite — a 
struggle that must come, but which such a war would accelerate. 

" But permit me to ask the senator from South Carolina, if all 
this were so, if liis anticipations were certain, instead of being 
purely gratuitous, ought the assurance of such events to come from 
him, from such a high authority, in so high a place? in the Senate 
of the United States, and from one who has tilled some of the most 
important positions in our government ? whose services and talents 
and character gave him great consideration with his countrymen; 
who possesses a European fame; and whose opinions are quoted 
at this moment in London and Paris as indications of our policy, 
and of the final result of this controversy? Is it well thus to an- 
nounce to the world our incapacity to defend ourselves? For that 
is in fact the result. A government dissolved, or rather changed 
to a despotism, a country ruined, and eventually its fragments a 
prey to ambitious generals, as the empire of Alexander was par- 
titioned among his lieutenants ! War, then, becomes not a meas- 
ure of safety, but a signal of destruction to the American people ! 
"We are powerless to defend ourselves ! If we are struck upon one 
cheek, we must turn the other; not in a spirit of Christian charity, 
but in the despair of helplessness ! "We are bound together by a 
fair-weather government, incapable of riding out the storms of 
foreign aggression. Submission must be our refuge, for beyond 
submission is destruction. "We shall exliibit the extraordinary 
spectacle of a great people, great in all the elements of power and 
prosperity, saying to the world, in effect, we can not contend with 
England. "We are at her mercy, for even success would ruin us. 

" Now, sir, this is not so. There is not one man within the 
soimd of my voice whose heart does not tell him, swM has notheen 
your past — such will not he your future. The honorable senator, 
in looking at the real calamities of war, which I seek neither to 
conceal nor to deny, has suffered himself to overrate them. They 
have struck him more forcibly than they should do. The experi- 
ment of two wars with England into which we entered, and from 
which we issued gloriously, puts the stamp of error upon these 
sad forebodings. How they pushed us forward in character and 
position among the nations of the earth, I need not tell ; nor need 
I say that the march of this country in all that constitutes the 
power and happiness of a people, is a practical proof that those 



OF LEWIS CASS. 565 

conflicts left no wounds upon our institutions, and but temporary 
checks upon our prosperity. 

" The honorable senator has appealed to Ins past history in proof 
that in presenting these views he acted in no unmanly fear for 
himself, and that if war comes he would be among the last to 
flinch. No, Mr. President, no one in this nation doubts that his 
course would be firm and patriotic should war be forced upon us. 

"But he will permit me also to appeal ; to appeal from the sen- 
ator of 1846 to the representative of 1812. He is the ultimiis 
Romaiiorum — the last of the Romans : the sole survivor amonsr 
us of a generation of statesmen who have passed from the legisla. 
tive service of their country. The last of the actors, not of the 
signers, who gave to the world our second Declaration of Indepen- 
dence, scarcely inferior in its causes and consequences to the first. 
He came here young, unknown to his country. He left these halls 
with a maturity of fame which rarely falls to the lot of any states- 
man. I was then upon the frontier, and well do I remember with 
what straining eyes and beating hearts we turned towards the 
capitol, to know if the honor and interests of our country would be 
asserted and maintained. There were then two men here upon 
whom, more than upon any others, perhaps more than upon all 
others, devolved the task of advocating the war, and of carrying 
through the measures of the administration. And nobly did they 
perform their duty. They were the honorable senator from South 
Carolina, and a retired statesman, Mr. Clay, from whom, though 
it has been my fortune to differ in the party contests that divide 
us, yet it has always been my pride to do justice to his eminent 
qualities and to his high services to his country, and especially to 
his services during our last contest with England. They were the 
leaders of that great legislative war, who, like the Homeric heroes, 
threw themselves into the middle of the fig-ht, and fought the bat- 
ties of their party and of their country with equal talents, firmness 
and success. 

" As to the evils of war, he of us is blind to all historical expe- 
rience who does not see them, and unfaithful to his position who 
does not acknowledge them. There is no such representative of 
the States here. We all acknowledge the evils of war, both moral 
and material. We difier as to their degree, and as to the power of 
this country to endure and to inflict them. While the condition 
of England presents great means of annoyance, it presents also 



566 LIFE AND TIMES 

palpable elements of weakness. I am not her panegyrist. I shall 
never be accused of tliat. But if I see the defects of her national 
character, I can see also her redeeming virtues. I am sensiblj 
alive to the acts of injustice she has done us. The feeling is de- 
posited at my heart's core. But I do not shut my eyes, either to 
her power or to the virtues she actually possesses. I need not tell 
what she has done to attract the admiration of the world ; for her 
deeds of war and peace are written uj)on many a bright page of 
human story. She has reached a commanding eminence among 
the powers of the earth — a giddy eminence ; and I believe she 
will find it an unstable one. I do not, however, estimate her pres- 
ent position as high as many do, and I consider it as unsafe as 
almost any one can. The elements of her weakness lie upon the 
very surface of her affairs, open to the most careless observer. 
But she has great military and naval establishments, and she is 
augmenting and extending them. I am not going to spread before 
the Senate the statistics of her powers of annoyance and defense. 
This has been sufficiently done already. But I will express my 
decided conviction that these tabular statements give an exagge- 
rated picture of her condition. Old vessels, old guns, mere hulks, 
invalids, the relics of half a century of war, are arranged in formi- 
dable lists of figures, and go to swell the general aggregate. 

" Besides, she has peculiar drawbacks to the exertion of her 
power. The seeds of danger are soM^n in the most important pro- 
vince of her home empire, and may at any time start up into 
an abimdant harvest of ruin and disaster. The dragon's teeth 
may become armed men. 

" She has possessions round the world to retain, and in many 
of them a discontented population to restrain. Her commerce, 
the very foundation of her prosperity and greatness, is scattered 
over all the bays, and inlets, and gulfs, and seas of the world ; and 
he who knows the daring character and enterprise of our people, 
knows that our public and private armed vessels would almost 
sweep it from existence. But I shall not pursue this investigation 
further. "While I believe she will go to war with us, if she can 
not escape from it without wholly sacrificing her own honor, as she 
views the question, I recollect she has done so twice before, with 
no credit to l^erself, but with imperishable glory for us. 

"A few words as to the condition of her finances and her means 
of carrying on a war. It is said to be the last feather that breaks 



OF LEWIS CASS. 567 

the camel's back. That the time will come when the artificial and 
oppressive fiscal system of England must break down, and, like the 
strong man of Israel, involve her existing institutions in the fall, 
is as certain as any future political event can be. But that time 
has not yet come, and he must be a bolder or a wiser man than I 
am, to predict when it will come. She has the same means now 
to meet her war expenditures M^hich she has long had. The power 
of drawing upon the future for the exigencies of the present, leav- 
ing the generations to come to pay the debt, or to cast it ofi" like 
a burden too heavy to be borne. At this very moment she is 
making an experiment which will be almost a revolution, — a wise 
experiment, as I believe, but still a fearful one for an old society 
whose habits are fixed, and which accommodates itself with diffi- 
culty even to gradual changes. 

" As to the points of contrast between our condition and that of 
England, they are before the world; and for the purposes of peace 
or war we need not fear the most searching examination. 

" Happen what may, we can neither be overrun nor conquered. 
England might as well attempt to blowup Gibraltar with a squib, 
as to attempt to subdue us. I suppose an Englishman never even 
thinks of that, and I do not know that I can exhibit in stronger 
terms its impossibility. 

" I might easily spread before the Senate our capacity to annoy 
a maritime adversary, and to sweep the British fiag from this part 
of the continent ; but I forbear. What we have twice done in the 
days of our comparative weakness, we can repeat and far exceed 
in these days of our strength. While, therefore, I do not conceal 
from myself that a war with England would temporarily check 
our progress and lead many evils in its train, still I have no fear 
of the issue, and have an abiding confidence that we shall come 
out of it, not indeed unharmed, but with all the elements of our 
prosperity safe, and with many a glorious achievement written on 
the pages of our history. 

" It pains me, sir, to hear allusions to the destruction of this 
government, and to the dissolution of this confederacy. It pains 
me, not because they inspire me with any fear, but because we 
ought to have one unpronounceable word, as the Jews had of old, 
and that word is dissolution. We should reject the feeling from 
our hearts and its name from our tongues. This cry of ' wo/ wo! 
to Jerusalem,' grates harshly upon my ears. Our Jerusalem is 



568 LIFE AND TIMES 

neither beleaguered nor in danger. It is yet the city upon a liill, 
glorious in what it is, still more glorious, by the blessing of God, 
in what it is to be — a landmark inviting the nations of the world 
struggling upon the stormy ocean of political oppression, to follow 
us to a haven of safety and of rational liberty. No English Titus 
will enter our temple of freedom through a breach in the battle- 
ments, to bear thence the ai'k of our constitution and the book of 
our law, to take their stations in a triumphal procession in the 
streets of a modern Rome, as trophies of conquest and proofs of 
submission. 

" Many a raven has croaked in my day, but the augury has 
failed and the ReiDublic has marched onward. Many a crisis has 
presented itself to the imagination of our political Cassandras, but 
we have still increased in political prosperity as we have increased 
in years, and that, too, with an accelerated progress unknown to 
the history of the world. We have a class of men whose eyes are 
always upon the future, overlooking the blessings around us, and 
forever apprehensive of some great political evil which is to arrest 
our course somewhere or other on this side of the millennium. To 
them we are the image of gold, and silver, and brass, and clay, 
contrariety in unity, which the first rude blow of misfortune is to 
strike from its pedestal. 

" For ray own part, I consider this the strongest government on 
the face of the earth for good, and the weakest for evil. Strong, 
because supported by the public opinion of a people inferior to 
none of the communities of the earth in all that constitutes moral 
worth and useful knowledge, and who have breathed into their 
political system the breath of life; and who would destroy it, as 
they created it, if it were unworthy of them or failed to fulfill their 
just expectations. 

" And weak for evil from this very consideration, which would 
make its follies and its faults the signal of its overthrow. It is the 
only government in existence which no revolution can subv^ert. 
It may be changed, but it provides for its own change when the 
public will requires. Plots and insurrections, and the various 
struggles by which an oppressed population manifests its suffer- 
ings and seeks the recovery of its rights, have no place here. We 
have nothing to fear but ourselves." 

Mr. Benton, of Missouri, followed General Cass, and took issue 
with him upon his geographical statements, and questioned some 



OF LEWIS CASS. 



569 



of the authorities cited by him. These remarks of Mr. Benton 
compelled General Cass on the second of April again to address 
the Senate. He had undermined the position of the senator 
from North Carolina, and the senator from Missouri came to the 
rescue. 

" Mr. President, I have come here this morning to set myself 
free. Twice in my life I have been captured by enemies — once 
fighting against British pretensions in war, and again fighting 
against British pretensions in peace. My country redeemed me 
in the former case — I come to redeem myself in the latter. I say 
enemies, but I trust the term is only metaphorically applicable. 
There is nothiuo; in the former relations between the honorable 
senator from Missouri and myself, nothing in our present position 
which should make us enemies. On the contrary, a long personal 
friendship has existed between us, which I did not suppose was 
sundered. If, however, it is otherwise, I must bear it as I may. 
I have borne greater calamities than even the hostility of the 
honorable gentleman from Missouri. 

"I came here, sir, as 1 said before, to redeem myself; and I 
mean to do it: to do it by correcting a misapprehension, — by 
speaking the truth. 

" ' He is the freeman, -whom the truth makes free : 
All else are slaves beside.' 

"I will not speak in the triumphant tone which pervades the 
speech of the honorable senator from Missouri. It is not my 
habit. ' Let not him that girdeth on his harness, boast himself, as 
he that putteth it ofi".' Let no man boast till the victory is won ; 
and especially, let him not boast while his adversary is absent. 
"What the senator said presents subjects enough for animadversion, 
but the manner in which he said it was still more unacceptable. 
I am ignorant of any circumstances, in our relative situations, 
which could justify it; still, I repeat that I mean to vindicate 
myself, and that, too, to the entire satisfaction of every man within 
the sound of my voice. 

" Mr. Hannegan. — Every impartial man. 

"Mr. Cass. — No. Mr. President; I will not accept the qualifi- 
cation suggested by my friend from Indiana, If my vindication 
is not satisfactory to every man, partial or impartial, I will agree 
to be tied to the chariot wheels of the honorable senator from 



570 LIFE AND TIMES 

Missouri, and to figlit the battles of 49 ; and I hardly know two 
more severe punishments that could be inflicted upon me. 

" The honorable senator says that I came here the other day to 
make a studied speech on the subject of Oregon. I did so, sir; 
and lie overrates his own powers, and underrates the mental 
qualities of the members of this body, who comes here to give his 
opinions upon a great national subject without due preparation. 
I shall not commit that folly; and I have too much regard for the 
intelligence and experience of the honorable senator, to believe 
that lie would, I presume that his thoughts are fully prepared 
upon every grave topic on which he presents his views to this 
body. But, however it may have been before, I have not had 
much time for preparation now, for I was not in my seat yesterday 
when the honorable senator made his attack ; and, of course, I 
could not know, except from rumor, what he said till this morning. 

"Now, sir, what is the subject in controversy between the hon- 
orable senator and myself? He saj^s that I am committed, by my 
own declaration, to go for 49, if it is shown that commissioners 
were appointed under the treaty of Utrecht to establish that j^ar- 
allel as a boundary. This assertion is the whole foundation of his 
argument, upon which the whole superstructure rests. If the one 
falls, the other falls with it. Now, sir, I not only never said so, 
but the idea never occurred to me ; I never thought of it. And 
the honorable gentleman has wholly misunderstood me, either 
through my fault or his own. 

" He has erected a fortification for me, and battered it down 
with his own cannon. I choose to be shut up in my own defensive 
works only ; if these are carried by siege or by storm, then I will 
surrender ; but let me be my own engineer. 

" My position was this, sir. Many of the members upon this 
floor contend that the parallel of 49° is the northern boundary of 
our claim in Oregon, — some directly so ; and others, because it 
was assumed to be such by our government in the early period of 
our controversy on this subject with England. To us, therefore, 
who believe that our claim in Oreo^on s^oes to 54° 40', it was 
essential to show there was an error on this subject ; that the treaty 
of Utrecht never extended to the country west of the Rocky 
Mouu tains. 

"Mr. Greenhow, in his work on Oregon, had examined this 
question, and had endeavored to show that no commissioners, 



OF LEWIS CASS. " 571 

under the treaty of Utrecht, had ever established any boundary 
between the French and English possessions on this continent. 
So far as respects the general proposition, it is a mere question of 
historical authenticity, not having the slightest practical bearing 
upon our title to Oregon. Because, before our title to Oregon 
could be affected, it must be shown that that line, if established 
at all, must extend west of the Eocky Mountains. 

" Mr. Greenhow, in his work, enters into the question, and I 
referred to his book as one entitled to talent, industry, and caution ; 
and I requested gentlemen who had doubts on this subject to turn 
to that work, and I thought they would satisfy themselves that no 
Buch line had been estaljlished. I did not vouch for the facts or 
conclusions. I never examined the general subject in its extent. 
I stated, however, that the result of his discussion upon my mind 
was, that such a line had not been run. I am still under that im- 
pression, sir, and nothing that was said yesterday has shaken its 
strength. Still, I do not hold myself at all responsible for Mr. 
Greenhow's accuracy. I should investigate the subject with far 
more care than I have done, if I were to be held responsible for 
deductions resting upon any other man's assertions. 

" The senator from Missouri says, he comes here not to settle a 
point which can at all influence the action of this body, or have 
the slightest effect upon the termination of our controversy with 
England. He says he ' makes no application of this fact,' referring 
to his proof that the parallel of 49° was established somewhere by 
the treaty of Utrecht. He says : ' I draw no argument from it. 
I do not apply it to the question of title. I am not arguing title, and 
will not do it; but I am vindicating history, assailed in a vital point 
by the book which has been quoted and endorsed. I am vindicating 
the intelligence of the American Senate, exposed to contempt in 
the eyes of Europe, by a supposed ignorance of a treaty which is 
one of the great political landmarks in Europe and America,' &c. 

" The senator will pardon me for saying that this seems to me 
very much of a tempest in a teapot. What does he profess to 
vindicate before the Senate of the United States ? Not the rights 
of the country, but the alleged truth of an historical fact, mis- 
represented by Mr. Greenhow, and vouched for, as the senator 
thinks, by me. Now, sir, it seems to me, that this solemn trial, 
before such a court as this, is hardly justified by the nature of 
the accusation. Here is an historical error. Be it so. Nobody 



572 LIFE AND TIMES 

contends that it affects our interests or our honor in the remotest 
decree ; no more so than the parentage of Komulus and Remus. 
This is not a lecture room. We are neither professors nor students, 
assembled here to discuss the truth or falsehood of historical 
statements which have no relation to our duties. And it seems to 
me, also, that Europe will know little, and care less, respecting 
this grave controversy, now siih judice before this high tribunal. 
I doubt if its fame reaches there. I rather imagine that, in that 
quarter of the globe, there are other, if not graver, subjects to 
engage the attention) of both governments and people, than 
historic doubts involving Mr. Greenhow's accuracy and my 
credulity. 

" Still, sir, as this question is thus brought before us, I shall 
proceed to give a brief synopsis of it, and leave honorable senators 
to judge for themselves. The senator from Missouri has brought 
forward three principal facts, to prove tliat the parallel of 49° was 
established by commissioners under the treaty of Utrecht. The 
first is a despatch from Mr. Madison to Mr. Monroe; the second, 
a statement submitted by Mr. Monroe to Lord Harrowby; the 
third — I put them together, for the honorable gentleman has joined 
them — Postlethwayt's Dictionary and D'Anville's maps. 

"Before proceeding further, sir, I beg to remark that the hon- 
orable senator, in quite a taunting tone, contrasts my investigation 
of this matter with his own. He goes to the fountain-head, the 
authentic documents, and there finds the truth ; while I go to the 
turbid stream, and am thence ' led astray,' and thus have wan- 
dered into the enemy's camp, and have become a prisoner. And 
what are those authentic documents which the honorable senator 
has sought and found, and pored over with the midnight lamp, to 
educe the truth? Why, Postlethwayt's Commercial Dictionary, 
containing a map! This is all, literally all! — a work long since 
referred to by Mr. Greenhow in his book, and examined by him. 

"Now, sir, the first reflection which strikes a man, is this, that 
if this line were thus established, the proof of it might have been 
got forty years ago from the archives of Paris or London. That 
would be positive and undeniable evidence, and all short of it is 
inconclusive, and such as no tribunal of justice would receive 
as final. 

" Before any man assumes the existence of such a line as a 
barrier to his country's claims, he ought to prove it, not by loose 



OF LEWIS CASS. 573 

deductions from loose bistoricul notices, but bv an autbentic copy 
of tbe act of tbe commissioners. 

"But wbat says Mr, Madison? Tbe bonorable senator from 
Missouri says, ' tbe fact of commissaries baving acted was as- 
sumed for certain,' Tbe Language of Mr, Madison reads far otber- 
wise to me. As I stated tbe otber day, be speaks doubtfully upon 
the subject ; and I repeat tbe assertion, notwitbstanding tbe con- 
trary averment of tbe senator from Missouri. ' There is reason to 
helieve^'' said Mr. Madison to Monroe, ' tbat tbe boundary between 
Louisiana and tbe Britisb Territories nortb of it was actually fixed 
by commissaries appointed under tbe treaty of Utrecbt,' 

" He tben adds, tbat be sends a paper containing tbe autbority 
respecting tbis alledged decision; but be adds cautiously: ''But 
you will jperceive the necessity of recurring to the proceedings of the 
commissaries as the source of aiitJientic information. These are 
not within our reach here, and it must be left to your OMm re- 
searches and judgment to determine tbe proper use to be made of 
them,' If tbis is certainty, I should like to know what uncertainty 
is. Tbe honorable senator regrets that I bad not looked into tbe 
original documents, instead of de2:)ending on Greenbow, and thus 
becoming ' bis dupe and his victim ' — not very courteous words 
these, by-the-by — and that, if I had done so, I would not have said 
that Mr, Monroe had not added anything to Mr. Madison's state- 
ment, and had left the question as doubtful as he bad found it. 
'In point of fact,' says the senator, 'Mr. Monroe added \kiQ par- 
ticulars^ of which Mr, Madison declared his ignorance ; added the 
beginning, the courses, and tbe ending of tbe line, and stated tbe 
whole with tbe precision of a man who had taken bis information 
from the proceedings of the commissioners.' 

" Tbis is to me a strange view of tbe matter, sir. I can not find 
tbat Mr. Madison refers to any ijarticulars. He, certainly, does 
not use the word. It is the authenticity of the notice enclosed by 
him which be desires Mr. Monroe to ascertain. What ih^paHic- 
xdars were, contained in the notice, we do not know, as tbe paper 
itself can not be found. That notice, as I shall show, or rather 
Greenbow has shown, there is every reason to believe was an 
extract from Douglas' History of America. 

"Before I proceed to examine these particulars., I may be 
allowed to remark tbat Mr. Madison doubted, with precisely tbe 
same facts which we have before us, the map and book referred 



674 LIFE AND TIMES 

to by the honorable gentleman ; and, to this day, not one single 
circumstance has been added which could remove those doubts. 
Where, then, that illustrious man felt uncertainty, I may be per- 
mitted to feel a greater degree of it, in consequence of the direct 
and circumstantial evidence since discovered, leading to the pre- 
sumption that no such line was established. But I repeat, sir, 
that, in this investigation, I do not profess to come to any absolute 
conclusion. It is a subject on which men may differ. The result 
of my examination impresses me with the conviction that no such 
line was established. Mr. Monroe presented a memoir to Lord 
Harrowby, the Secretary of State, and I will now quote from the 
gentleman's speech that part of it upon which he dwells, as show- 
ing ' the beginning, courses, and end of the line, &c., with the 
precision of a man who had taken his information from the pro- 
ceedings of the commissaries.' I will quote, also, the statement 
of Douglas, the historian of North America ; and no doubt can 
exist on the mind of any man that Mr. Monroe resorted to that 
authority for his statement, and not to the original archives : 

" ' Commissaries were accordingly ap- " Douglas says, page 7: ' By the treaty, 

pointed by each power who executed the however, the Canada or French line, with 

stipulations of the treaty in establishing the Hudson Bay Company of Great Brit- 

the boundaries proposed by it.' 'They ain, was ascertained from a ccrtem jorom- 

fixed the northern boundary of Canada onlori/ upon the Atlantic ocean, in 58° 30'' 

and Louisiana by a line beginning in the of north latitude, to run southwest to Lake 

Atlantic at a cape or promontory in 58° Mistissin; to be continued still southtvest to 

30'' north latitude; thence southwcstivardly the 4:9th degree, and from thence due west 

to the Lake Mistissin; thence,further south- indefinitel)/ .' " 
west, to the latitude of 49° north from the 
equator, and alone/ that line indefinitely.' " 

"Now, sir, the honorable senator from Missouri says that Mr. 
Monroe must have taken his information from the proceedings of 
the commissaries. No man can doubt but that Mr, Monroe quoted 
from Douglas' book. The language is so nearly identical as to 
render such a coincidence impossible, if it were accidental. 

'♦The suggestion that Mr. Monroe went to the archives to pro- 
cure the particulars, of which 'Mr. Madison had declared his 
io-norance,' but of which declaration I can not find a trace, seems 
to me very extraordinary, when we advert to Mr. Monroe's report. 
The proceedings in such a case as this, establishing a boundary 
between two great nations, extending over so large a portion of 
the surface of the globe, were never recorded in the language of 
Mr. Monroe. Who were the commissioners? Where did they sit? 



OF LEWIS CASS. ^75 

What was the date of their action? Where was the confirmation 
of their award by their governmentB? What, in fact, were the 
points indicated? ' Beginning in the Atlantic, at a cape or prom- 
ontory in 58'' 30' north latitude!' A cape or promontory not 
named, but to be ascertained by its latitude ! And if the latitude 
were not correctly stated, what then? Suppose where that paral- 
lel struck the Atlantic there was no cape or promontory? And 
would any commissioners assume such an absolute knowledge of 
the topography of a remote and barren coast as to make that fact 
the basis of their whole action ? Yalid, if it were so ; invalid, if 
it were not. 

"But this loose language is not confined to the place of com- 
mencement. After leaving this ' cape or promontory,' — this terra 
incognita — the line is to run soutliwestwardly to LaJce Mistissin, 
an indefinite course, as will be seen, and not rendered definite by 
indicating what part of the lake it was to strike. 

" No reasonable doubt can exist but that, as Mr. Monroe em- 
ployed the language of Douglas, he took the statement from that 
historian. 

"Mr. Monroe, however, presented the fact to Lord Harrowby, 
and it was not contradicted by him, so far as we know. 

"From this negative circumstance the gentleman from Missouri 
draws the important conclusion, that the fact must have been so. 
I shall not enter into this matter, as it is not at all important. 

" Mr. Monroe stated a fact that had occurred, if it occurred 
at all, a century before. It had in reality little, if any, bearing 
upon the subject he w^as urging, which was the right of the United 
States to ' possess the territory lying between the lakes and the 
Mississippi, south of the parallel of the 49th degree of latitude.' 

"It w-as to the treaty of 1783 that he was referring, and to 
Mitchell's map, by which it was formed. lie adverts to the treaty 
of Utrecht by saying that, 'by running due west from the north- 
western point of the Lake of the Woods to the Mississippi, accord- 
ing to the treaty of 1783, it must have been intended, according 
to the lights before them, to take the parallel of the 49th degree 
of latitude, as established under the treaty of Utrecht.' 

"Now, sir, it might well be that Lord Harrowby never consid- 
ered it necessary to look into this alledged fact, as it had no real 
bearing on the subject, being alluded to merely as giving reasons 



576 LIFE AND TIMES 

which may have influenced the conamissioners in fixing the boun- 
daries of 1783. 

" Most certainly his silence, under such circumstances, furnishes 
no solid proof — scarcely, I may say, a light presumption — in favor 
of this parallel of 49 '^. 

" The next proof of the establishment of this line, given by the 
senator, was Postlethwayt's Commercial Dictionary, with D'An- 
ville's map. There is no quotation from the dictionary, and the 
matter, therefore, rests on the map alone. 

" The senator then j)ointed out the line established under the 
treaty of Utrecht, and read the account of it as given in a note on 
the upper left-hand corner of the map. The description was in 
these words : 

" ' The line tJiat parts FrencTi Canada from British Canada 
was settled hy commissaries after the peace of Utrecht^ making a 
course from Davis' Inlet^ on the Atlantic sea, down to the 4:9th 
degree, through the Lake Ahitihis, to the Northxoest ocean', there- 
fore Mr. DAnville's dotted line east of James' Bay isfalse.^ 

" The senator then states that this map was ' made by D'Anville, 
the great French geographer of his age, and dedicated to the Duke 
of Orleans,' «fcc., &c.; and he adds, it is the ' authentic French testi- 
mony in favor of the line of Utrecht.' 

" Now, sir, it is not a little curious that this map, thus author- 
itatively pronounced to be authentic, is, upon the very face of it, 
stated to be false in one imj)ortant particular. AVhat, then, be- 
comes of the correctness of the assertion of the honorable senator, 
and of the certainty of this testimony ? 

"If wrong in one respect, it may be so in others, and, at any 
rate, our faith in its pretensions is entirely shaken. But I do not 
understand by whom this note was written : evidently not by 
D'Anville, for it impugns his own work. We have not, therefore, 
D'Anville's authority for this line, as being established under the 
treaty of Utrecht. He marks the line upon his map, but whence 
his authority for it is left to conjecture. 

" One other point, sir. The honorable senator states that, in an 
attempted negotiation with the British government, during Mr. 
Jefferson's administration, two articles were proposed — one by the 
American commissioners, and one by the British — for the estab- 
lishment of a boundary between our country and Canada, from 
the northwestern point of the Lake of the "Woods. The articles 



OF LEWIS CASS. 577 

are substantially the same, but with the difference which an 
examination of them will show. 

"The Amer'icsin p?vjet provided : 

" 'That a line drawn due north or south (as the case may re- 
quire), from the northwestern point of the Lake of the "Woods 
until it shall intersect the 49th parallel of north latitude, and, 
with the said parallel, shall be the southern boundary of his Ma- 
jesty's territories, and the northern boundary of the said territories 
of the United States.' 

" The British projet, after providing for the running of a line 
north or south, as might be, from the northwestern point of the 
Lake of the Woods to the parallel of 49°, provides that the ' said 
parallel shall be the dividing line between his Majesty's territories 
and those of the United States to the westward of said lake, as 
far as their respective territories extend in that quarter; and that 
the said line shall, to that extent, form the southern boundarv of 
his Majesty's said territories, and the northern boundary of the 
said territories of the United States.' 

"Each of these jprojets contains the same proviso : 'That noth- 
ing in the present article shall be construed to extend to the north- 
west coast of America, or to the territories belonging to, or claimed 
by, either party on the continent of America west of the Stc^y 
Mountains.' 

" The senator exclaims triumphantly, ' Here is concurrence in 
the proceedings of the commissaries under the treaty of Utrecht!' 
' Here is submission to that treaty on the part of the British ! ' &c. 

" In the first place, sir, allow me to remark, that this was a mere 
jprojet^ and that no treaty was made on the subject till eleven 
years afterwards, in 1818. Now, what is meant by ' concurrence ' 
here ? If accidental coincidence, the matter is not worthy of fur- 
ther inquiry. But if, by ' concurrence,' is meant that this line 
was actually established by the treaty of Utrecht, and thus bind- 
ing on the parties, no other convention was necessary. Both 
nations, upon this assumption, mistook their own rights and their 
duties. The boundary had been established a century before, and 
they were carrying on a useless and barren negotiation, which was 
thus blindly and unnecessarily ripened into a treaty in 171 8. But, 
sir, the senator proceeds to ask, what Mr. JeiFerson did with this 
pivjet, and adds that he rejected it. And why, sir ? The letter 
37 



578 LIFE AND TIMES 

from Mr, Madison to Messrs. Monroe and Pinkney, dated Julj 
30th, 1807, states : 

" ' The modification of the fifth article (noted as one which the 
British commissioners would have agreed to) may be admitted in 
case that proposed by you to them be not attainable. But it is 
much to be wished and pressed, though not made an ultimatum, 
that the proviso to both should be omitted. This is, in no view 
whatever, necessary, and can have little other effect than as an 
ofifensive intimation to Spain that our claims extend to the Pacific 
ocean. However reasonable such claims may be, compared with 
those of others, it is impolitic, especially at the present moment, 
to strengthen Spanish jealousies of the United States, which it is 
probably an object with Great Britain to excite by the clause in 
question.' 

" Now, sir, Mr. Jefferson's object was not to ofi'end Spain, and 
therefore he rejects a proviso which expressly limits our claim to 
the Rocky Movmtains, in order not to excite the jealousy of a 
most jealous nation, by even the appearance of interfering with 
her rights ; and yet the honorable senator supposes that this very 
treaty, without the proviso, was to run to the Pacific, claiming for 
us and England the whole country. And which would excite the 
jealousy of Spain most — to say, expressly, the American govern- 
ment will make no arrangement with that of England for pushing 
the American title west of the Rocky Mountains ; or to form a 
treaty actually carrying this claim there without regard to Span- 
ish rights? It is obvious to me that Mr. Jefferson did not believe 
in the English title west of the Rocky Mountains as far as the 
Pacific; and, therefore, making a treaty with that power for the 
establishment of a boundary between her and the United States 
would not justly give offense to Spain, as it would not call in 
question Spanish rights. 

" The honorable gentleman has not said one word of Mr. Jef- 
ferson, in which I do not heartily concur. An abler or a purer 
statesman is rarely to be found in history. Time, which tries the 
fame of all men, and reduces the fame of most men, is rendering 
his brighter and brighter; and we have scarcely a name in history 
— certainly but one — which is more revered by the American 
people, as that of a pure patriot, and a consummate statesman. 
The honorable senator will please to recollect that this j^'^'ojet of 
Mr. Jefferson, under any circumstances, proves nothing, because: 



OF LEWIS CASS. 579 

." 1. It was never carried into effect ; 

" 2. It was before the Florida treaty, by w^hich we acquired the 
Spanish title ; 

" 3. It was formed under the impression, now shown to be an 
erroneous one, that the parallel of 49° had been established, under 
the treaty of Utrecht, as the northern boundary of Louisiana, 
extending to the Eocky Mountains. 

" But, after all, our rights remain as they were ; and the opinions 
of such able and honest men as Mr. Jefferson, Mr. Madison, and 
Mr. Monroe, whatever those opinions may have been, though 
entitled to very grave consideration, still leave the government 
perfectly free and unembarrassed by a jpro^et proposed by them, 
but finally abandoned. Though, upon the assumption that the 
northern boundary of Louisiana was fixed by commissaries under 
the parallel of 49°, I can not understand why the parties negoti- 
ated at all ; and though I see no evidence that the line proposed 
was intended as the recognition of an English title west of the 
Eocky Mountains, to the exclusion of Spain, but the contrarv, 
yet I have such an abiding confidence in each of those statesmen, 
that I am fully satisfied the apparent facts within their reach 
justified their course, whatever that was intended to be." 

General Cass was represented to hold the opinion that the 
American title was clear and indisputable to the upper parallel. 
Such, at no stage of the controversy, was his position. He insisted 
that the British claim was not clearer than the American. He 
claimed, that the title of the United States to the 49th parallel 
was unquestionable, and as good as the British to the residue of 
the disputed territory. Mr. Benton assumed as his premises, that 
General Cass was for 54° 40', ovjigJit^ which was true: and then, 
without pausing to inquire upon what basis the General placed 
the claim, Mr. Benton assumed that the senator from Michigan 
had taken upon himself to demonstrate the validity of the Amer- 
ican title to the whole of the territory. This was a mistaken 
assumption by the senator from Missouri. Unwittingly, he had 
taken upon himself the affirmative of the issue. It was for him 
to show, not simply that the American sovereignty terminated at 
the parallel of 49°, but the onus was cast upon himself to show, in 
addition, that the British title was good from 54° 40' to 49. 

Great stress was placed, by the advocates of the British preten- 
sion, upon the suppositious acts of certain commissaries appointed 



580 LIFE AND TIMES 

under the treaty of Utreclit to settle the line of separation 
between the lludson Bay territories and the French possessions. 
As General Cass occnpied the negative of the issue, he could, at 
best, but adduce negative evidence to rebiit this pretension. Such 
evidence he brought forward in abundance. It was the only 
evidence of which the case admitted, and was equivalent to a 
positive contradiction of the hypothesis that any settlement of 
boundaries was made or projected under the treaty of Utrecht. 
All the works — relating to that period of history at which this 
settlement of the northern limit of Louisiana was said to have 
been made, and in which a record or notice of such an important 
transaction, if it had taken place, would be found — were entirely 
and, if it had actually occurred, most miraculously silent, with 
regard to any decision or act of the commissaries on this point. 
Indeed, upon a close analysis of the authorities relied upon to 
bolster up this British claim, they were found to be mere state- 
ments of persons unconnected with the transactions of the 'Utrecht 
treaty, and possessing no better means, as far as known, of infor- 
mation respecting them than other people. All that the most vivid 
imagination could claim, or the most liberal charity admit, was, 
that some of the persons alluded to supposed, when they wrote 
their works or made their maps, that the parallel of 49'' constituted 
the northern limit of Louisiana. 

General Cass, therefore, very properly, in his reply, proceeded 
to say : 

" ]N"ow, sir, I shall pursue this investigation no further. I have 
already observed that whether this line was established or not east 
of the Kocky Mountains, is not of the slightest importance. The 
position that I occupied in my speech, and that I occupy now, is 
this : It is contended in the Senate, and out of it, that the parallel 
of 49° is our northern boundary in the territory of Oregon, and 
that it was assumed as such by our government in the early part 
of the controversy, and so maintained for some years ; and that 
we are, therefore, concluded against the assertion of any other 
boundary. Now, sir, my object was, to show that no such line 
was ever established by the treaty of Utrecht in the Oregon 
country, and that w^e were, therefore, free to urge our pretensions, 
without regard to this statement, or to the acts of our government 
founded upon an erroneous impression tliat the line of 49° did 
extend to the Pacific ocean. This is what I undertook to disprove, 



OF LEWIS CASS. 581 

and nothing but this. And I will now ask the honorable senator 
from Missouri, if he believes that the parallel of 49° was ever estab- 
lished by commissaries under the treaty of Utrecht, as a boundary 
west of the Rocky Mountains ? I will wait for the honorable 
gentleman's reply." 

Here Mr. Cass paused for a short time, but Mr. Benton not 
answering, he continued : 

" Well, the honorable gentleman does not answer me. If he 
believed the line run there, I am sure he would say so ; for, if it 
did run there, we are forever foreclosed from any claim under 
the Louisiana treaty, and the force of the honorable gentleman's 
attack upon me would be greatly strengthened. As he does not 
answer, I shall take it for granted that he believes no such line 
was ever established there. And if the fact is so, my object is 
answered, and we are relieved from the embarrassments arising 
out of the repeated assertions that the line of 49° is our northern 
boundary in the territory of Oregon. 

" This, sir, is my position. How different it is from the position 
assigned to me by the honorable senator, I need not say. I trust 
I have redeemed myself, and that I can again enter into the con- 
test, a free man, battling for the full rights of his country even 
to 540 40'. 

" There is one point to which I beg leave to advert. The hon- 
orable senator has given me a fair hit, and I award him the credit 
due to it. In my remarks the other day, alluding to the effect 
that improper persons, ' minions, and favorites, and mistresses,' 
had produced upon the destinies of nations by the exercise of an 
injurious influence, I adverted to the fact of the offense taken by 
Mrs. Mash am at having a cup of tea spilt upon her silk gown. 
The incident I remembered, and its influence I remembered, but 
I thought it had been exerted to produce a war, whereas the hon- 
orable senator has corrected me, and has shown that it was exerted 
to produce peace. It is a long time since I have looked into the 
English history : I presume the honorable gentleman from Mis- 
souri refreshed his recollection last evening. 

" Mr. Benton'. — I have not looked at it for forty years. 

"Mr. Cass. — The honorable gentleman's memory is then better 
than mine. I will remark, however, that the incident, even as it 
happened, is illustrative of the general position I assumed ; be- 
cause the favorite of Queen Anne would as soon have brought 



582 LIFE AND TIMES 

about a war as a peace, had the former, instead of the latter, been 
necessary to enable her to vent her spleen upon the Duchess of 
Marlborough. I repeat, the correction was a fair hit, and the 
manner entirely unobjectionable. I shall testify my acknowledg- 
ment by putting the fact right in my printed speech." 

In the meantime, the House of Representatives had taken up 
this subject, and having passed a resolution of a similar import, 
had sent the same to the Senate for its concurrence, Mr. Allen, 
therefore, on the sixteenth of April, moved that the resolution 
offered by him under debate, with the amendments, be laid on 
the table, with the view of taking up for consideration the resolu- 
tion of the House of Representatives. The motion was agreed to, 
and the Senate proceeded to consider the House resolution. It 
was amended in the Senate, by prefixing to it a preamble, and by 
changing it from a peremptory and explicit authority to the Pres- 
ident to terminate the convention, to a discretionary one. The 
House of Representatives did not concur in the amendments. 
Committees of conference were appointed, but they failed to 
effect an agreement. 

In the following month of May, the subject of extending the 
jurisdiction over the territory west of the Rocky Mountains, being 
under consideration in tlie Senate, Mr, Benton again opened the 
question of the title of the United States to the Oregon territory ; 
and in the course of his speech he attempted to controvert the 
statements of General Cass, formerly made in regard to the bound- 
ary line running along the parallel of 54° 40'. 

In reply. General Cass addressed the Senate, examining and 
discussing the objections raised by his powerful and learned an- 
tagonist, sustaining, by irrefragable proofs, the correctness of his 
own statements, and clearly pointing out the errors of his opponent. 

A treaty was made between the two governments, with the view 
of closing this controversy about Oregon, and the question of 
its ratification came up in the Senate, in secret session, in July, 
1846. General Cass was opposed to its ratification without modi- 
fications. By this treaty, the United States not only receded to 
the parallel of 49°, but it granted rights to British subjects 7° 
below that, which General Cass deemed incompatible with our 
national honor. He therefore opposed the ratification in an able 
speech. The Senate, by resolution, removed the veil of secresy^ 
and hence the propriety of making this statement. 



OF LEWIS CASS. 583 



CHAPTER XXXIV. 

National Fortifications— Unsatisfactory Relations with Great Britain— War with Mexico— Tlie Three 
Million Bill— The Sabbath— General Cass' Yiews— Wilmot Proviso— President's Recommendation 
—General Cass advocates Appropriations— Extracts from his Speech— For Vigorous Prosecution 
of the War. 

General Cass, foreseeing the approach of a crisis in the vexed 
questions that appeared to him to be culminating between the 
United States and Great Britain, and looking forward to the con- 
tingency of a war between the two countries, in order to be pre- 
pared for that emergency, introduced, prior to the discussion of 
the Oregon question, for the consideration of the Senate, resolu- 
tions instructing the Committee on Military Affiiirs to inquire into 
the condition of the national fortifications and of their armaments, 
and whether other defensive works were necessary ; and also into 
the condition and quantity of the military supplies ; into the state 
of the means possessed by the government for the defense of the 
country; and also instructing the Committee on the Militia to 
inquire into the condition of that great arm of the public defense 
in case of war ; and that they be further instructed to report such 
changes in the system then existing, as w^ould give more experi- 
ence and efficiency to it, and place it in the best condition for 
protecting the country should it be exposed to foreign invasion ; 
and also that the Committee on ISTaval Affairs inquire into the con- 
dition of the navy of the United States — into the quantity and 
condition of the naval supplies on hand, and whether an increase 
of them was not necessary to the efficient operations of the navy, 
and to its preservation and augmentation, and, generally, into 
its capacity for defending our coast and our commerce, and for 
any service the exigencies of the country might probably require. 
He advocated them at length, and showed the necessity of their 
adoption. They were unanimously agreed to. 

Before Congress rose, a subject of still more momentous import- 
ance, as it turned out, was brought before it. And that was war 
with Mexico — actual war. After Texas was annexed to the United 



584 LIFE AND TIMES 

States, a question arose with Mexico respecting the boundary 
line. Mr. Polk, with the view of repelling any invasion from that 
quarter, in the summer of 1845 ordered troops toward the Rio 
Grande, with General Zachary Taylor, then colonel, in command. 
He was ordered there to observe the Mexicans, and defend Amer- 
ican territory. In the spring of 1846, Mexican troops crossed the 
river Rio Grande, and a collision took place, and American blood 
was shed upon American soil. The President communicated this 
intelligence to Congress, and in May the two Houses passed a reso- 
lution declaratory of war then existing between the United States 
and Mexico, and measures were taken to enable the government 
to act as well on the offensive as the defensive. The American 
army crossed the boundary line of the two republics, and carried 
the stars and stripes victoriously into the heart of the Mexican 
country. The President did not wish to prolong the war, and as 
the Mexican treasury was impoverished, be j^roposed to Congress 
to adopt measures to enable him to bring it to a speedy termina- 
tion. Among others, he asked that money should be placed at his 
disposal. As the boundary line was the chief obstacle to peace, 
he thought that an adjustment would require a concession on the 
part of Mexico, for which it might become necessary to pay 
money, as an equivalent. For the purpose indicated by the Pres- 
ident, a bill was introduced in the House of Representatives in 
August, 1846, placing at the disposal of the Executive two mil- 
lions of dollars. During the discussion of this bill — which was 
just at the close of the session — Mr. Wilmot, a representative 
from Pennsylvania, offered the following as an amendment to 
the bill : 

"Provided that, as an express and fundamental condition to 
the acquisition of any territory from the Republic of Mexico by 
the United States, by virtue of any treaty which may be negotiated 
between them, and to the use by the Executive of the moneys 
herein appropriated, neither slavery nor involuntary servitude 
shall ever exist in any part of said territory, except for crime, 
whereof the party shall be duly convicted." 

Tliis is the famous Wihnot Proviso, as it is called. And from 
this point of time and place, did it start on its celebrated pilgrim- 
age through the world. It was first, in fact, introduced by Mr. 
"Winthrop, a representative from Massachusetts, and applied to 



OF LEWIS CASS. 585 

the Oregon bill. But then, it fell still-born, and passed out of 
notice until again brought forth by Mr. Wilmot. 

The bill, to which it was now appended, passed the House with 
this amendment as a rider, on the eighth of August, by a vote of 
eighty-seven in the affirmative and fifty-four in the negative. The 
bill was then sent to the Senate, and on Monday, the tenth of 
August, was, on motion of Senator Lewis, of Alabama, taken up 
for consideration. That senator moved to strike out the amend- 
ment proviso. This motion brought on a debate. Mr. Davis, a 
senator from Massachusetts, spoke against time, the two Houses 
having agreed to adjourn at noon of that day, and no opportunity 
was afforded to take a vote on this bill before the hour of the final 
adjournment of Congress arrived. As no vote was taken, it is 
not known what it would have been, if time had been afforded 
to have taken it ; but in secret session, before the introduction 
of the bill in the House, thirty-three senators approved of the 
appropriation. 

The bill reached the Senate at a late hour in the evening of 
Saturday, the eighth of August. There was a disposition mani- 
fested among the friends of the appropriation, to take the vote at 
that sitting, even if it was necessary to prolong that day's session 
through the ensuing Sunday. General Cass was as ready and 
desirous as any one to reach a final vote, but he was unwilling to 
trespass upon the Sabbath. Educated in the tenets of the Pres- 
byterian faith, he ever has endeavored to practice them. The 
observance of the Sabbath, in his estimation, is a bright star in 
the constellation of their virtues. The blessing of the seventh dav, 
to keep it holy, he considers a wise, social, as well as a sacred 
institution. What we may do at any time, we are but too apt to 
do at no time. In his view, the stated observance of religious 
worship, and the devotion of one day in seven to God's special 
service, bring our duties before us at prescribed periods, and make 
the time itself a part of the obligation. And the day, thus sanc- 
tified, is also a day of rest — a day of refuge from the toils, and 
troubles, and ceaseless cares of life ; spreading its happy influ- 
ence over the whole social community, it brings rest to the weary, 
peace to the troubled, quiet to the care-worn ; it shuts out earth 
and the things of earth, and carries our thoughts far away to 
heaven and the things of heaven. Yital religion can not exist 
where God's day becomes man's day, desecrated by all the plea- 



586 LIFE AND TIMES 

ASiires and business of life. So, when the hand of the Senate clock 
' proclaimed it was midnight, General Cass, as is his custom on all 
similar occasions, retired from the chamber. He will not, in time 
of peace, sit in the Senate on the Sabbath, nor in time of war, 
un-less necessary, nor willingly even then. We repeat, he is a 
believer in the divine institution of the Sabbath. 

At the subsequent session of Congress, the President renewed 
the recommendation of his special message of the previous session. 
Action thereon was had in Cono;ress, and when the bill making a 
special appropriation of three millions to bring the war with 
Mexico to a speedy and honorable conclusion, came up for con- 
sideration in the Senate, General Cass supported the appropriation, 
and in the course of his speech, on the tenth of February, 1847, 
reviewed the relations between the two countries, the peculiar 
character of the war, and the propriety of legislating in regard to 
it, as recommended by the President. 

We make the following extracts : 

" In the remarks I propose to submit, Mr. President, I shall 
invert the natural order of arrangement. I intend to present my 
views of the causes and course of the war thus far, and also the 
reasons which will induce me to vote for the appropriation of three 
millions of dollars ; to which I shall add my views of the best 
mode of proceeding in the prosecution of the war. I shall begin, 
however, with the two latter subjects. 

"I do not rise, sir, with the emotions so visibly felt and so 
eloquently described by the distinguished senator from South 
Carolina. I do not consider this country or its institutions in the 
slightest danger. Never was it more free, powerful, or prosperous 
than at the present moment, when untimely warnings come to 
assail us. The public sentinel may sleep upon his watch-tower. 
In the distant horizon not a cloud as big as the prophet's hand, is 
to be seen, which is to overspread the heavens, and to burst in 
thunder and tempest upon us. We are, indeed, engaged in a for- 
eign war, which demands the solicitude of every good citizen. 
But the scene of its operations is two thousand miles distant; 
and, come the worst that may, we can at any time withdraw into 
our own country. Disgraceful, indeed, would be such a move- 
ment ; but it would be still better than the evils predicted, and 
according to the nature of the ajaprehensions expressed, it would 
terminate the danger. 



OF LEWIS CASS. 587 

" Mr. President, it gives me great pain to hear any allusions to 
the dissolution of this Confederacy ; and of all the places in this 
Republic, this high place is the last in which they should be ex- 
pressed. The Constitution is in no danger. It has survived many 
a shock, and it will survive many more. There are those now in 
the Senate — and I am among them — who were born before it 
came into being. 

"We have grown with our growth and strengthened with our 
strength, till the approach of physical infirmities, the kindly warn- 
ings of nature, bid us prepare for another and an untried world. 
And the Constitution, too, lias grown with its growth and strength- 
ened with its strength, till from three hiillions it governs twenty 
millions of people, and has made them the happiest community 
upon the face of the globe. But it is yet fresh in its strength. 
No infirmity has come to tell us that its dissolution is near. It is 
no longer an experiment, but experience ; no longer a promise, 
but performance. It has fulfilled all, and more than all, its most 
sanguine advocates dared predict. It is at this moment stronger 
in the affections of the American people than at any other period 
of its existence. Like the cliff of eternal granite which overlooks 
the ocean, and drives back the ceaseless waves that assail its base, 
so will this Constitution resist the assaults that may be made upon 
it, come how, or when, or whence they may. In the providence 
of God, no such lot as ours was ever conferred upon a people. 
"What we have been and are, the past and the present have told, 
and are telling us. What we are to be, the future will tell to those 
who are to come after us, to their joy or sorrow, as we cherish or 
reject the blessings we enjoy. If we are not struck with judicial 
blindness, as were God's chosen people of old, and punished for 
national offenses by national punishments, we shall cling to this 
Constitution as the mariner clings to the last plank when night 
and the tempest close around him ; and we shall cling to it the 
stronger as the danger is greater. 

" Mr. President, I shall not touch any of the topics before us, 
as a sectional man. I view them and shall present them as an 
American citizen, looking to the honor and interests of his coun- 
try, and of his whole country. In these great questions of national 
bearing I acknowledge no geographical claims. What is best for 
the United States is best for me, and in that spirit alone shall I 
pursue the discussion. 



558 LIFE AND TIMES 

" A strong desire pervades this country that a region extending 
west of our present possessions to the Pacific ocean, should be ac- 
quired and become part of our confederacy. The attempt to pur- 
chase it was made during the administration of General Jackson, 
and the hope of succeeding has never since been wholly aban- 
doned. I will not detain the Senate by spreading out the resaons 
which render such a measure desirable. It would give us a large 
territory, a great deal of it calculated for American settlement and 
cultivation, and it would connect us with the great western ocean, 
giving us a front along its shores in connection with Oregon of, 
perhaps, thirteen or fourteen degrees of latitude. It would give 
us also the magnificent bay of San Francisco, one of the noblest 
anchorages in the world, capable of holding all the navies of the 
earth ; and from its commanding position controlling, in some 
measure, the trade of the northern Pacific. But, sir, besides these 
advantages, commercial and geographical, there are importani 
political considerations which point to extension as one of the 
great measures of safety for our institutions. 

" In Europe, one of the social evils is concentration. Men are 
brought too much and kept too much in contact. There is not 
room for expansion. Minds of the highest order are pressed down 
by adverse circumstances, without the power of free exertion. 
There is no starting point for them. Hence the struggles that 
are ever going on in our crowded communities ; and hence the 
eineutes which disturb and alarm the governments of the old world, 
and which must one day or other shake them to their center. 
Questions of existence are involved in them, as well as questions 
of freedom. I trust we are fiir removed from all this ; but to re- 
move us further yet, we want almost unlimited power of expan- 
sion. Tiiat is our safetv-valve. The mio^htiest intellects which, 
when compressed in thronged cities and hopeless of their future, 
are ready to break the barriers around them the moment they en- 
ter the new world of the west, feel their freedom, and turn their 
energies to contend with tlie works of creation ; converting the 
woods and the forests into towns, and villages, and cultivated 
fields, and extending the dominion of civilization and improvement 
over the domain of nature. This process has been going on since 
the first settlement of our country; and while it continues, what- 
ever other evils betide us, we shall be free from the evils of a dense 



OF LEWIS CASS 589 

population with scanty means of subsistence, and with no hope of 
advancement. 

" The senator from South Carolina has presented some views of 
our augmenting population as true as they are striking. At the 
commencement of his life and of mine, this country contained 
three millions of inhabitants, giving a rate of increase which 
doubles our numbers every twenty-two years. There are those 
yet living who will live to see our confederacy numbering a pop 
ulation equal to the Chinese empire. This stupendous progress 
outstrips the imagination. The mind can not keep up with the 
fact; it toils after it in vain. And as we increase in numbers and 
extend in space, our power of communication is still more aug- 
mented. The telegraph has come with its wonderful process to 
bind still closer the portions of this empire as these recede from its 
capital. It is the most admirable invention of modern days. "We 
can now answer the sublime interrogatory put to Job: ' Canst 
thou send lightnings, that they may go, and say unto thee. Here 
we are ! ' Yes, the coruscations of heaven man has reduced to 
obedience, and they say 'unto him. Here we are. It is yet in its 
infancy, an experiment rather than an arrangement. Who can 
tell where future improvements may conduct it, or what sway it 
may hereafter exercise over the social and political condition of 
the world ? what people it may bring together and keep toge- 
ther by the power of instantaneous communication? or how the 
events of distant nations, told almost to the other side of the globe 
the very moment of their occurrence, may aifect the future destiny 
of mankind ? I have been industriously engaged seventeen days 
in coming from Detroit to "Washington, and the journey between 
here and Baltimore once cost me two days. "We have now a pro- 
cess within our reach by which we can send to California and 
receive answers from there more than twenty times a day. I shall 
not pursue these investigations; they are sufficiently obvious in 
their general bearing, though the practical result of this great 
measure is beyond the reach of human vision. 

" "We are at war with Mexico, brought on by her injustice. Be- 
fore peace is established we have a right to require a reasonable 
indemnity, either pecuniary or territorial, or both, for the injuries 
we have sustained. Such a compensation is just in itself, and in 
strict accordance with the usages of nations. One memorable 
proof of this has passed in our own times. "When the allies 



590 LIFE AND TIMES 

entered Paris after the overthrow of Napoleon, they compelled the 
French government to pay them an indemnity of 1500,000,000 
francs, equal to $300,000,000. In the condition of Mexico there 
is no disposition in this country to ask of her an imreasonable 
sacrifice. On the contrary, the wish is everywhere prevalent, and 
I am sm-e the government participate in it, that we should demand 
less than we are entitled to. No one proposes a rigid standard 
by which the indemnity shall be measured. But there are certain 
territorial acquisitions which are important to us, and whose ses- 
sion can not injure Mexico, as slie never can hold them perma- 
nently. We are willing after settling the indemnity satisfactorily, 
to pay the excess in money. The senator from South Carolina has 
stated the proposition very distinctly: ' any excess on our part M^e 
are willing to meet, as we ought, by the necessary payment to 
Mexico.' 

" Information received by the President during the last session 
of Congress, induced him to believe that if an appropriation for 
this purpose were made, t])e difficulties between the two countries 
might soon be terminated by an amicable arrangement. A pro- 
position for that purpose was submitted to us in secret session, 
debated and approved by this Senate. It was then introduced 
into the Legislature with open doors, passed the House of Kepre- 
sentatives, and came to us. Here it was discussed until the stroke 
of the clock, when the hand on the dial-plate, pointed to twelve, 
struck its funeral knell. In his message at the commencement of 
this Congress, the President renewed his suggestion, and the 
whole matter is now before us. Such is its history. 

" It is now objected to as an immoral proposition, a kind of 
bribery, either of the government of Mexico or of its commanding 
General ; and the honorable senator from Maryland, who is not 
now in his seat, saidemphatically and solemnly, ' that this project 
of terminating the war by dismembering a sister republic, is so 
revolting to my m-oral sense of propriety, honor, and justice, that 
I should see my arms palsied by my side rather than agree to it.' 
The ' dismemberment' of which the honorable gentleman speaks 
is previously defined by himself That is the term he gives the 
acquisition, but I call it purchase. He says the money will go to 
Santa Anna and pay the army, which will thus be secured, and 
the poor ' downtrodden' people be transferred to this country 'in 



OF LEWIS CASS. 591 

spite of themselves,' In consequence of this ' pouring of gifts into 
the hands of their tyrants,' 

"Now, sir, there is no such proposition, as I understand it, nor 
anything like it. The object of the President has been distinctly 
stated by himself. It is to have the money ready, and, if a satis- 
factory treaty is signed and ratified, then to make a payment into 
the treasury of Mexico, which will be disposed of by the govern- 
ment of that country agreeably to its own laws. The propositions, 
both at the last session of Congress and at this, were identical. 
The difference in the phraseology of the appropriation has been 
satisfactorily explained by the chairman of the Committee on 
Foreign Relations, and seems to me of very little consequence. 
Be that as it may, it is not a subject which can produce of itself 
any practical difficulty; for if there is any member of the Senate 
who is willing to vote for the appropriation in the form in which 
it was presented last year, and is unwilling to vote for it in this, 
the Committee on Foreign Relations will cheerfully assent to the 
substitution of the latter for the former. ' The principle is wrong,' 
says the honorable senator from Maryland ; but, in my view, the 
principle of this appropriation, and of the other appropriation, is 
precisely the same. And yet the honorable senator from Mary- 
land voted for the former while he reprobates the present, and a 
number of senators, on the other side of the chamber, voted the 
last session in the same manner. If the proposition was bribery 
or unprincipled then, it seems to me it must be so now. Expe- 
diency may change with time, but right and wrong undergo no 
chano;e." 

It is but an act of justice to state that the senator from Mary- 
land referred to was not in his seat. General C.'s remarks are here 
given as they were delivered. The colleague of Mr. Johnson, 
however, Mr.Pearce, as soon as General Cass had concluded, stated 
that his colleague had been misunderstood, and that the proposed 
appropriation of last year, and the appropriation of this year, were 
so widely different in their phraseology as to render it perfectly 
consistent to vote for the one and to reject the other. General 
Cass continued : 

" As to the idea that such an arrangement is something like 
bribery, it seems to ma it will not bear the slightest investigation. 
A strange kind of bribery this ! The appropriation called for was 
preceded by a message from the President to the Senate in secret 



592 LIFE AND TIMES 

session. It was then received in both Houses, and the doors thrown 
open. It was discussed fully, not to say warmly, and was finally 
lost by the lapse of time. In secret session thirty-three senators 
voted for it. It again takes a prominent place in the President's 
message at the commencement of the present session of Congress. 
It has been before us between two and three months, and has been 
borne upon the wings of the wind to the remotest portions of our 
country. It entered Mexico long ago, and has been proclaimed 
upon every house-top in town and country. It is known to every 
citizen of that rejDublic who knows anything of political affairs, 
whether the blood in his veins is Castilian, or Moorish, or Aztec. 
It has passed to Europe, and received the condemnation of many 
of its journals. Had it been approved there, I should doubt its 
policy or its justice. And, for aught I know, it is traveling along 
the canals of the Celestial Empire. I repeat, a strange kind of 
bribery this ! That is an offense which does its work in secret ; 
this is a proposition made by one nation to another, in the face 
of the world. It is not to enable Mexico to carry on the war, as 
an honorable senator seems to suppose, for it is not to be paid till 
the war is over." 

Mr. MoREHEAD inquired, if the honorable senator considered 
the present proposition as confining the President, in the disburse- 
ment of the money, to the purposes to be specified in the treaty, 
as the resolution of the last session did ? 

General Cass said that his understanding of the proj)osition was, 
that the money was not to be paid until a treaty was agreed upon. 
The payment was not to precede the treaty, but to follow it. 

Mr. Webstek, (rising.) — Will the honorable senator allow 
me — 

Mr. Cass. — I will hear you with pleasure, but I can not 
answer any more questions. I have said that no money is to be 
paid until a treaty is ratified. 

Mr. Webster. — I was merely going to remark that this is the 
very turning j)oint. 

Mr. Cass. — I will sit down and hear the honorable senator, but 
he must not ask me any questions. If he does, I shall not answer 
them till I have concluded my remarks. 

Mr. A\^EBSTER resumed his seat. 

General C. continued : 

"The whole proposition results from the peculiar condition of 



OF LEWIS CASS. 593 

Mexico. Her government is ephemeral. Its members are born 
in ttie morning and die in the evening. Administrations succeed 
one another, like the scenes of a theater rather than the events of 
life, and still less of events in the life of a nation. The rulers do 
not dare to do justice in such a case as this. It might cost them 
their places, to which they hold on as tenaciously as though their 
tenure was a secure one. There is a strong excitement in that 
country against us. Nothing shows this more distinctly than the 
scene which lately passed there, when their President swore that 
the nation would never yield one inch of its territory, nor make 
peace with the invader, till his foot was ofl'its soil. A dangerous 
resolution to be thus publicly proclaimed, and one more easily 
proclaimed than kept! The sublime and the ridiculous may so 
easily touch, that nations should be chary of such exhibitions, 
which may belong to the domain of the one or of the other, as 
subsequent circumstances stamp their character. "Whatever judg- 
ment, however, history may pronounce upon this ceremony in 
Mexico, it is significant enough of the disposition of the people 
towards us. Hence the difficulty of the government is increased, 
and hence the necessity of their strengthening themselves. Their 
revenues are drying u]^. They are always in debt in all their 
departments, civil and military. By a prompt payment into their 
treasury upon the ratification of the treaty, the government will 
be enabled to satisfy the most pressing demands, and thus to do 
an act of justice at home which will counteract any ill effects of 
an act of justice abroad. And this is the very point of the whole 
matter. We may thus tempt them to do right, while so many 
other strong circumstances tempt them to do wrong. As to the 
application of this money after it reaches the treasury of Mexico, 
it is no question of ours, any more than was the application of the 
consideration money paid to France and Spain for the purchase 
of Louisiana and of Florida. We can not follow it, and it must 
take its fate with the other resources of the country. It has one 
advantage, however, and that is its publicity. If the silver and 
gold were carried by wagons to the palace of the government, the 
transaction could have no more publicity than it has now; and 
this throws upon the authorities a much graver responsibility than 
do the ordinary payments, and one less likely to be abused. If 
all this is bribery, I am fully prepared to take my share in the 
38 



594 , LIFE AND TIMES 

o-uilt of it. If it is "bribery, let tlie honest goyernments of Europe 
make the most of it. 

" As to the comparison, instituted by the honorable senator from 
Maryland, between this act and an attempt of the Mexican gov- 
ernment to bribe Generjll Taylor, it certainly gives me very little 
trouble. We have nothing to do with Santa Anna as the general 
of an army; we deal with the government of Mexico. The very 
authority that makes the treaty is the authority to which the pay- 
ment is to be made. If General Taylor v\-ere the American gov- 
ermnent, and had power to cede away a portion of the American 
territory, the analogy would then exist in fact, as it now exists but 
in fancy. And this obvious consideration answers all the objec- 
tions presented by the senator, when he expresses such an appre- 
hension that the money would slip from our fingers before we 
secured a consideration. Not a dollar is to be paid till the treaty 
is ratified, and the country thus made ours. 

" Passing now, sir, from the consideration of this subject to the 
course before us, I would observe that there are but three plans of 
operation by which we can escape from the difiiculties of cur 
position. 

"The first is an abandonment of the war, and an inglorious return 
to our own country. 

"The second is the establishment of a line over such a portion 
of the enemy's territory as we think proper, and holding the coun- 
try on this side of it without any further military operations. 

"The third is a vigorous prosecution of the war, agreeably to 
the public expectation and the experience of the world. 

"As to the first, sir, I do not place it in the category of things 
possible, but only in the category of things proposed ; and 1 cast 
it from me with contempt. 

"The second, sir, is a very different proposition, supported by 
high names, civil and military, and was yesterday presented to 
us, with great power of argument and beauty of illustration, by 
the distinguished senator from South Carolina. I shall state, as 
succinctly as I can, the reasons which induce me to consider this 
as an inexpedient, not to say an impossible, proposition. 

" A plan of operations seeking to hold a portion of a country, 
properly guarded by fortresses, and furnished with the necessary 
lines of communication, and seeking to do this without publicly J 
announcing the nature of the plan, and the determination to 



OF LEWIS CASS. 595 

adhere to it, is one tiling; an attempt to occupy another portion of 
country, open, unfortified, with no natural boundaries, and pene- 
trable in all directions, and publicly proclaiming this System as 
an invariable one, not to be departed from, is another, and quite 
a different tiling. From the Gulf of Mexico, following the boun- 
daries of the provinces now in our possession, to the Pacific ocean, 
is but little short of two thousand miles. Far the greater portion 
of it is open, and much of it unoccupied. Instead of any lines of 
communication, natural or artificial, where it must necessarily be 
crossed, it may be crossed anywhere. It is a mere paper line — a 
descrijitive one. For hundreds of miles on each side of a great 
part of the line, the country is the same ; roamed over rather than 
possessed by nomadic tribes, and affording subsistence and shelter 
to the beasts of the earth. If you assume such a boundary, you 
necessarily place yourself upon the defensive. You must establish 
troops along it, and these must be scattered, occupying different 
positions. Your enemy thus acts in masses, while you act in de- 
tachments. If he attack you, and succeed, you are destroyed. If 
he attack you, and is discomfited, he falls back behind his impen- 
etrable barrier. A snake, clutched by an eagle, is one of the 
emblems of the armorial bearings of Mexico. If this plan of 
fighting to an air line is adopted, the proud bird will soon be 
powerless, and the reptile will coil itself up to strike at its leisure 
and its pleasure. In such a state of offensive-defensive warfare, 
the enemy chooses his time, when you least expect him, or are 
least able to resist him. He gains your rear, and cuts off your 
convoys and supplies, and thus reduces you to weakness and dis- 
tress ; or he strikes you in a period of sickness, in a climate to 
which you are unaccustomed, and whose alternations do not affect 
him. You can not pursue him into his country, for the moment 
you do that you confess the folly of your plan, and abandon it 
forever. If you cross your boundary, you must cross it to hold on, 
and then you have a new boundary, or, in other words, a system 
of unlimited operations. If you do not cross to hold on, w'hat 
will you do? Your very object in crossing is to chastise the 
enemy, and you must pursue him to his fortresses and capture 
them, if he has any ; or you must fight him in the open field and 
disperse him. I repeat, if you do not do this, you may as well 
stop at your boundary, look civilly at the retiring enemy, take off 



596 LIFE AND TIMES 

your hats and say, Good-bye, gentlemen, we will wait till you 
come back again. The riches of Crossus would melt away before 
such a system of fighting-no-fighting ; the laurels of Napoleon 
would wither and die ; no exchequer could bear the expense ; no 
public sentiment the dishonor. There is but one such campaign, 
sir, recorded in all history, ancient or modern, sacred or profane, 
true or fabulous, and that is the campaign of Sisyphus. It was an 
eternal one. Sanction the plan proposed, and yours will be eternal, 
too. This stone will never be rolled to the top of the mountain. 
It would be a never-ending, ever-renewing war. The distinguished 
senator from South Carolina thinks that four regiments and three 
fortresses alonsj this line, and one regiment and a few small vessels 
for California, 'would be ample for its defense.' The line, as 
described by himself, is this : ' Beginning at the mouth of the Hio 
del Norte and continuing up the Paso del Norte, or southern 
boundary of New Mexico, which nearly coincide, and then due 
west to the Gulf of California, striking it, according to the maps 
before us, nearly at its head.' 

"Here, sir, is a line across the continent from the Gulf of Mex- 
ico to the Gulf of California ; and this line is to be so protected 
by five regiments, three fortresses and a few small vessels, as to 
be impervious to the rancheros and other light troops of Mexico 
— the best and most indefatigable horsemen, perhaps, in the world. 
I have enumerated in these means of defense, a few small vessels, 
because they form part of the projet of the honorable senator. 
How they are to be employed in defending any part of the line, as 
I do not understand, I will not attempt to explain. If the soldiers 
were stationed equidistant upon this boundary they would proba- 
bly be a mile apart. It seems to me, sir, — and I say it with all 
respect — that we might as well attempt to blockade the coast of 
Europe by stationing a ship in the middle of the Atlantic. As to 
the Eio Grande, it is no defensive line at all. Elvers, when best 
guarded, are found to aflbrd very insufficient j^rotection. But in 
the great country south and west of us, yet in a state of nature, or 
slowly emerging from it, streams are entitled to very little consid- 
eration in defensive operations. Who is there that has passed his 
life in the "West, and has not crossed them a hundred times by 
swimming, in canoes, upon logs, upon rafts, and upon horses ? Is 
it to be supposed that an active Mexican, accustomed to the woods 



1 



OF LEWIS CASS. 597 

from liis infancy, would hesitate to dash into a stream and cross it 
almost as readily as if it were unbroken ground ? 

" But long defensive lines, even when skillfully constructed and 
carefully guarded, are but feeble 'barTier8 against courage and en- 
terprise. How long did the Roman wall keep the North Britons 
out of England ? How long did the Grecian wall of the Lower 
Empire keep the Turks out of Constantinople, and the horse-tails 
of their pashas from the cathedral of Saint Sophia? And the 
Chinese wall — an immense labor of man — that, too, opened to the 
Tartars, and enabled the chief of rovino; bands to ascend the 
oldest throne in the world. The best wall a country can have is 
the breasts of its citizens, free, .prosperous and united." 

General Cass proceeded to say that he did not go for strength- 
ening the war power because he wished to have men killed or 
wounded ; but to enable it to conquer a peace in the shortest space 
of time practicable. This was the publicly-proclaimed policy of 
the administration. It was no secret. 

The object of the proposed ajapropriation was to put peace, if it 
could be honorably obtained, at the disposal of the President. 
The amount of treasure already expended by the United States 
reached a large figure. The Mexican government, it was well 
known, was impoverished, and its finances at a low ebb. It was 
apparent, hence, to the most superficial observer, that if a negotia- 
tion was at any time opened, its continuance would be unproduc- 
tive of results unless some inducement, other than a cessation of 
hostilities, could be presented to the Mexican authorities. As the 
Mexican treasury was notoriously bankrupt, the President and his 
confidential advisers — and no occupant of the Executive chair 
ever had abler — were well satisfied that territory would constitute 
the indemnity, and that if the bones of the Mexican troops 
bleached upon all the hills and valleys, and every Mexican fortress 
was taken, still there would be no formal, authoritative peace, un- 
less the Mexican coffers were, at least, partially replenished. To 
be prepared for such an emergency was the sole object of this 
measure. But, if new territory was acquired by treaty in these 
southern latitudes, the opposition party in Congress wished to bar 
the door, in advance, to the further extension of slaverv. That 
question, and all other questions emanating from this domestic 
institution — is peculiarly dear to the southern members of this 



598 LIFE AND TIMES 

confederacy of States — the administration and its friends in the two 
Houses of Congress desired, for the present, to ignore. This was 
the apple of discord, and pertinaciously thrown into all the de- 
bates. General Cass deprecated it. He viewed the honor of his 
country as paramount. When peace prevailed along the borders 
of the Republic, he would meet this question of extension and act 
as justice and patriotism might dictate. He did not even stoop to 
mention the topic, much less to discuss it, but confined his remarks 
to the immediate subject under consideration. "We take another 
extract : 

" So much for the diiBculties ; now for the results. Let me 
remark, in the first instance, sir, that not a movement, as I under- 
stand, relating to operations on the northeast frontier of Mexico, 
has been directed from the seat of government, which has not met 
the approbation of the distinguished officer who has connected his 
own name with the history of his country by his victories in the 
valley of the Rio Grande. So much is due to himself and the ad- 
ministration. His own movements he was free to direct and con- 
trol. Immediately after the declaration of war, he was requested 
to communicate to the government his views as to what should be 
the future operations on the Rio Grande, and the movement he 
proposed to make before the rainy season. 

" General Taylor, in answer, stated very clearly the nature of 
the operations which should take place, and the difficulties attend- 
ing them, resulting principally from deficient means of transpor- 
tation, and from a want of hreadstufs. Considering the distance 
from Camargo to Mexico, and the nature of the country, and its 
want of resources, he looked npon that line of operations as an 
impracticable one. He was, therefore, of opinion that operations 
upon that frontier should be confined to cutting off the northern 
provinces, and, in that point of view, he thought the expedition to 
Chihuahua of great importance. He says he has abstained from 
any reference to movements against Tampico or Yera Cruz, be- 
cause the yellow fever would not have permitted ns to hold either, 
and he deemed it best to undertake no movement in that direction, 
at that season of the year. He proposed the taking of Tampico 
when the season should favor, which would not be until November 
or December. So far as I have been permitted to see the corres- 
pondence, I find nothing which controls the discretion of General 



OF LEWIS CASS. 599 

Taylor. Yiews are indicated and suggestions made, and very 
properly made ; but he is left to act as his own judgment indi- 
cates, in the operations intrusted to him. And it is but an act ot 
justice, sir, to say, that the instructions of the War Department 
are prepared with ability and a wise forecast, creditable to the 
officer at the head of it. They will bear the test of the severest 
scrutiny. 

"Three columns then, sir, moved upon Mexico. One under 
General Taylor, invading its north-eastern frontier ; another un- 
der General Wool, striking at the provinces higher up the Eio 
Grande, and in communication with the preceding column, and 
subject to the order of General Taylor ; and a third entered New 
Mexico and took possession of its capital, Santa Fe. It thence 
moved on, through California to the Pacific, where it has no doubt 
arrived ere this time, and where it will eventually put itself in 
communication with the regiment sent by sea from New York, 
when the whole force will unite and occupy the commanding 
jDoints of the country. Our flag now waves npon the shores of 
the Pacific as well as upon those of the Atlantic; and from the 
Gulf of Mexico to the Gulf of California, a distance, following the 
boundary of our possessions, of almost two thousand miles, we 
have overrun and occupied the enemy's territory. I have caused 
an estimate — rather a vague one, indeed — to be made of the 
extent of country belonging to Mexico which we hold, and I am 
informed it exceeds six hundred thousand square miles, while the 
portion yet subject to the Mexican government contains but about 
four hundred thousand square miles ; and the population of the 
region possessed by us amounts to at least one million of inhabi- 
tants. In the mean time, three splendid victories have been 
gained, and the Mexican coast blockaded and almost hermetically 
sealed ; and we are yet in the ninth month of the war. I shall 
not stop, sir, to speak of the results in terms of eulogy. They 
need no such tribute from me ; they speak for themselves, and 
appeal to the head and heart of every American, in justification 
of the conduct of the government of his country, and the armies 
sent out to maintain her honor. Lookino- at the distance and the 

CD 

difficulties of the operations, to do this required energy." 

General Cass was in favor of a vigorous prosecution of the war. 
In his judgment, that was the course to pursue to save the 



600 LIFE AND TIMES 

shedding of blood and the loss of treasure, and to bring the war to a 
speedy and successful result. Subsequent events showed that he 
was rio-ht. It was known that the administration consulted him, 
in advance, relative to the measures to be brought forward, and 
consequently his action was at all times regarded with interest. 
He was equal to the emergency; and both in the committee rooms 
and on the floor of the Senate his suggestions were heeded, and, 
in the main, followed by the two Houses. 



OF LEWIS CASS. 601 



CHAPTER XXXY. 

The Prospect of Peace — The Three Million Bill again — Wilmot Proviso again — General Cass on the 
Proviso — Peace with Mexico — The Nicholson Letter — Its Effect on Public Opinion. 

With the success of the war, and as it became more and more 
evident that ^L^peace would he conquered^ members of both Houses 
of Congress, and of both the Whig and Democratic parties, who 
could not brook the idea of an extension of the area of slave ter- 
ritory, became more and more importunate to close the door to 
such extension by legislation. Hence, whenever there was a war 
or peace bill up for consideration, every effort was made to em- 
barrass action, by urging the adoption of some such principle as 
that contained in Mr. Wilmot's proviso. It was evident enough, 
that more territory would be obtained upon the conclusion of 
peace. The chances that such additional territory would be 
adopted to slave.labor increased, and finally resolutions were, from 
time to time, offered, declaratory of future legislation ujDon this 
subject. , 

At the t hirtieth Cong ress, in the winter of 1847, in pursuance 
of the President's recommendation, a bill was introduced appi'o- 
priating three millions of dollars to enable him to enter into 
negotiations for the restoration of peace with Mexico. Mr. Web- 
ster moved \}iiQ proviso as an amendment — in other words, if such 
negotiation resulted in the cession of more territory from Mexico, 
it should forever remain free from slavery. The issue presented 
was war or the proviso, or an inglorious peace or the proviso. 
It was war or the proviso, because southern members would not 
vote for the bill with the proviso as a rider to it. It was an in- 
glorious peace or the proviso, because northern members would 
not vote for the bill without the proviso. Without the money, it 
was apparent the government could not prevail upon Santa Anna 
to come to an amicable treaty, for his people would not sustain 
him. He would continue to fight, and hold his ground somewhere 
in Mexico. In that event, it would be necessary for the United 



OS^Cr^A 4!ut*^; *7. <A X^^' ^0^-^- 



602 LIFE AND TIMES 

States to maintain, at great cost and loss of life from disease and 
battle, a large army in that distant country, or, withdrawing the 
troops, relinquish everything. By having the means at its disposal 
to replenish Santa Anna's impoverished treasury, onr government 
could not only adjust the line of boundary, but be j-e-imbursed its 
war expenditures. The provisoists and the anti-provisoists were 
willing to vote the money asked for ; and probably, it is true to 
say, that both desired to bring the war to an honorable termina- 
tion. But the question of extending the area of slavery, or con- 
fining it within its then present limits, was param'ount to all other 
considerations. General Cass, from his youth up to manhood, and 
to the age of three score and upwards, never had been an admirer 
of slavery; yet, he knew too well the rights of those States where 
it existed, and the advantages, resulting from the Union, to those 
States where it did not exist, ever to favor any agitation of the 
subject in the halls of Congress. It was a subject to be canvassed 
by the States themselves, where the institution of slavery existed. 
They were the sole judges of what it was their interest to do. Such 
was the doctrine of Mr. Jefferson — such was the doctrine of 
General Jackson. Tlie federal Union — it must he preserved^ 
was the controlling policy of both these distinguished men ; and 
having all along subscribed to it, General Cass was content to 
continue it. 

But now this embarrassing subject assumed a wider scope. The 
application of the dominant policy to new territory — acquired by 
common effort, common treasure, and in a contest where the blood 
of all sections of the Union had been shed — now was to be met 
and disposed of Abstractedly considered, no northern man 
wished to propagate slavery, and General Cass was among the 
number. He would vote against its introduction into Michigan, 
if proposed. He would vote against its introduction into any 
territory, if an inhabitant of such territory. But he did not feel 
himself called upon to vote for others upon this subject. It was 
a State institution. So it had been always treated in the United 
States ; so he proposed to treat it thereafter. The people, in their 
sovereign capacity, who should go to the new lands acquired from 
Mexico, and inhabit it, — to them he would willingly leave all 
legislation upon this vexed subject. These views he had expressed 
in August, 18i6, to various persons, in his private conversation. 
In March, 184T, they had undergone no change. 



OF LEWIS CASS. <503 

The three million bill was before the Senate, and Mr. Webster's 
amendment. From the feelings manifested by a large number of 
the members of Congress, he believed that the adoption of the 
proviso would be detrimental to the honorable prosecution of the 
war : and, it also appeared to him, that the whole question of the 
prosecution of the war depended upon the decision in regard to 
the proviso. The choice presented was, the proviso or the war. If 
the former should be adopted, there would be an inglorious ter- 
mination of the war. The honor of the United States was at stake. 
He felt the responsibility of his position. He believed that public 
servants would be held to a strict accountability, who, at so event- 
ful'a crisis, should sacrifice that honor for the establishment of a 
principle inopportune and inapplicable to the important subject 
under consideration. He was satisfied, likewise, that public opin- 
ion indicated a conviction in the minds of the people, that then 
was not the time for the agitation of a question involving the con- 
tingency of a domestic dispute : a question, at any rate, of enough 
importance of itself, under any circumstances, to receive the most 
mature deliberation of Congress. Six out of eight State Legisla- 
tures, which had presented their views to Congress on the subject 
of the acquisition of Mexican territory, and the extension of 
slavery, had refrained from urging upon Congress the adoption 
of the proviso. In a speech of weighty argument. General Cass 
laid before the Senate his views on this question, March 10th, 
1847, which he closed with the following declaration of what 
would be his action upon it. 

" I shall vote against this proviso, because : ^ 

" 1. The present is no proper time for the introduction into the 
country, and into Congress, of an exciting toj)ic, tending to divide 
us, when our united exertions are necessary to prosecute the 
existing war. 

"3. It will be quite in season to. provide for the government of 
territory, not yet acquired from foreign countries, after we shall 
have obtained it. 

" 3. The proviso can only apply to British and Mexican terri- 
tories, as there are no others coterminous to us. Its phraseology 
would reach either, though its application is pointed to Mexico. 
It seems to me, that to express so much confidence in the success- 
ful result of this war, as to legislate at this time, if not over this 
anticipated acquisition, at least /b?' it, and to lay down a partial 



604 LIFE AND TIMES 

basis for its government, would do us no good in the eyes of the 
world, and would irritate, still more, the Mexican people. 

" 4. Legislation now would be wholly inoperative, because no 
territory, hereafter to be acquired, can be governed without an 
act of Congress providing for its government. And such an act, 
on its passage, would open the whole subject, and would leave the 
Congress, called upon to pass it, free to exercise its own discretion, 
entirely uncontrolled by any declaration found on the statute 
book. 

" 5. There is great reason to think that the ado]3tion of this 
proviso would, in all ^jrobability, bring the war to an untimely 
issue, by tlie effect it would have on future operations. 

" 6. Its passage would certainly prevent the acquisition of one 
foot of territory ; thus defeating a measure called for by a vast 
majority of the American people, and defeating it, too, by the 
very act purporting to establish a partial basis for its government. 

" The jjrogress of public opinion upon the question of the 
adojDtion of this proviso, as the circumstances of the country have 
become more and more difficult, seems to me to indicate very 
clearly, that since its introduction at the past session of Congress, 
the conviction has been gaining ground that the present is no time 
for the agitation of this subject ; and as the foreign war becomes 
more embarrassing, in a greater degree than manj^ anticipated, 
it is best to avoid a domestic dispute, which would raise bitter 
questions at home, and add confidence to the motives for resist- 
ance abroad. And certainly the fact now ascertained, that the 
'' ^ I ^ war would be put to hazard, and the acquisition of territory de- 
feated, by the adoption of this proviso, renders it impossible for 
me to vote for it, connected, as I deem both of these objects, with 
the dearest rights and honor of the country. 
/ " I have examined the resolutions which have been jDresented to 

Congress by the Legislatures of eight of the States upon this sub- 
ject, and I find that this proviso is a measure perhaps not called 
for by any of them, certainly not by six of them, and that its 
simple adoption at this time will leave unattained the perma- 
nent objects sought by all of them. The views expressed are as 
follows : 

" By the Legislature of Yermont, against ' the admission into 
the Federal Union of any new State whose constitution tolerates 
slavery,' &c. 



OF LEWIS CASS. 605 

"By the Legislature of New Hampshire, that measures should 
be taken for the extinction of slavery 'in the District of Colum- 
bia ; for its exclusion from Oregon and other territories, that now, 
or at any time hereafter, may belong to the United States.' 

" By tlie Legislature of Khode Island, ' against the acquisition 
of territory by conquest or otherwise, beyond the present limits 
of the United States, for the purpose of establishing therein 
slaveholding States,' &c. 

" By the Legislature of New York, ' that if any territory is 
hereafter ac(iuired by the United States, or annexed thereto, the 
act by which such territory is acquired or annexed, whatever such 
act may be, should contain an unalterable fundamental article or 
provision, whereby slavery or involuntary servitude, except as a 
punishment for crime, shall be forever excluded from the territory 
acquired or annexed.' 

" By the Legislature of New Jersey, ' that the senators, &c., be 
requested to nse their best efforts to secure as a fundamental pro- 
vision to, or proviso in, any act of annexation of any territory 
hereafter to be acquired by the United States, &c., that slavery 
or involuntary servitude, except as a punishment for crime, shall 
be forever excluded from the territory to be annexed.' 

" By the Legislature of Pennsylvania, ' against any measure 
whatever, by which territory will accrue to the Union, unless as a 
part of the fundamental law, upon which any compact or treaty 
for this purpose is based, slavery or involuntary servitude, except 
for crime, shall be forever excluded.' 

" By the Legislature of Ohio, for ' the passage of measures in 
that body, (Congress,) providing for the exclusion of slavery from 
the territory of Oregon, and also from any other territorv that 
now is, or hereafter may be, annexed to the United States.' 

" By the Legislature of Michigan, ' that in the acquisition of 
any new territory, whether by purchase, conquest, or otherwise, 
we deem it the duty of the general government to extend over the 
same the ordinance of 1787, with all its rights and privileges, 
conditions and immunities.' 

" Now, sir, it is obvious that these resolutions, either by their 
phraseology or by their object, look to some permanent '-provision^ 
'-fundamental law^ '•article^ or ^ condition^ by which slavery 
should be forever excluded from the territory in question. Six of 
them very clearly so. Two of them, however — those of New 



606 LIFE AND TIMES 

Hampsliire and Ohio — are more general, and tliis proviso ^vol■lld 
perhaps meet their requisitions. But certain it is, that if adopted 
to-day, it could be repealed to-morrow, and that it is destitute of 
any characteristic of permanence. It might leave as little durable 
impression upon the statute book as writing upon water, which 
disappears the moment it is traced there." ^ 

This bold, manly, and patriotic stand taken by General Cass, at 
a critical moment in the progress of the Mexican war, and when 
he could not have divined what would be the final sentiment 
either north or south, east or west, commends itself to the grateful 
remembrance of his countrymen. His positions were broad, in- 
dependent, and unqualified. Ilis country's cause, his nation's 
honor, the rio-hts of his fellow-citizens of every condition and 
clime, are the principles he asserts, the ground he occupied. His 
views of government were liberal, progressive, and thoroughly 
Democratic. They were in accordance with the political profes- 
sions of his entire life. Tlie Democratic press approved — Demo- 
crats in conventions in every quarter of the country approved. 
This declaration was the administration j^latform upon this subject. 
It was the talisman that aroused and guided the Democracy of 
the Union. 

But the war was finally brought to a close. Peace once more 
reio-ned in the ascendant. An immense region of country was, 
sure enough, to be taken from the republic of Mexico, and annex- 
ed to the United States. The standard of our country waved in 
triumph in the halls of the Montezumas, and, ere long, was des- 
tined to cover the coasts of the Pacific, and the mountains and 
valleys far back in the interior. The cry of Xo more slave terri- 
tory ! now rung louder than ever. The demands of the north were 
renewed, when Congress convened in December, 1847. The 
southern blood was, also, up. The leading men of the country 
wei-e interrogated, publicly and privately, as to their views and 
future action. And all this was proper. It was right that the subject 
of the extension of slavery should be canvassed, and its disturbing 
elements, if possible, settled ; the gcod of the entire Union re- 
quired this. Upon what principle the new territory should be 
treated ; upon what basis its local government should be con- 
structed ; and how, and by whom, it should be determined — these 
were questions demanding the calmest consideration, and the 
brightest and most patriotic minds, to solve. 



OF LEWIS CASS. 607 

In some quarters, the princi]3le of the AVilmot Proviso was 
regarded as dangerous to the immediate interests of a j)ortion of 
the people of the United States, and its proj^osed application 
subversive of their rights as citizens of the confederacy. An ex- 
pression of opinion from the eminent men of the nation was 
solicited, A. 0. P. Nicholson — a distinguished citizen of Tenn- 
essee — had requested the views of General Cass, in a private letter, 
and they had been freely given. They were so clearly expressed, 
and so comprehensive — covering the whole subject — that, at the 
urgent request of a number of leading members of Congress, who 
had heard of the letter, General Cass consented to its publication. 

This letter of General Cass has been so often referred to, and 
commented upon, from the day of its publication to the present 
time ; it has become celebrated far and wide, both in this country 
and Jd^urope ; and it is an imj^ortant document to all who Mash to 
understand the views of its distinguished author, as expressed by 
himself, on the momentous question which it discusses, it is 
here transcribed from the orio;inal. 



&' 



"Washington, December 24tli, 1847. 

Acquisition of Mexican Tekkitoky — Indemnity. — " Dear 
Sir : — I have received your letter, and shall answer it as frankly 
as it is written. 

" You ask me whether I am in favor of the acquisition of Mex- 
ican territory, and what are my sentiments with regard to the 
Wilraot Proviso ? 

" I have so often and so explicitly stated my views of this first 
question, in the Senate, that it seems almost unnecessary to repeat 
them here. As you request it, however, I shall briefly give tliem. 

" I think, then, that no peace should be granted to Mexico till 
a reasonable indemnity is obtained for the injuries she has done 
us. Tlie territorial extent of this indemnity is, in the first instance, 
as subject of Executive consideration. There the Constitution 
has j^laced it, and there I am willing to leave it ; not only be- 
cause I have full confidence in its judicious exercise, but because, 
in the ever-varying circumstances of war, it would be indiscreet, 
by a public declaration, to commit the country to any line of 
indemnity, which might otherwise be enlarged, as the obstinate 
injustice of the enemy prolongs the contest, with its loss of blood 
and treasure. 



608 LIFE AND TIMES 

"It appears to me, that the kind of metaphysical magnanimity 
which would reject all indemnity at the close of a bloody and 
expensive war, brought on by a direct attack upon our troops by 
the enemy, and preceded by a succession of unjust acts for a 
series of years, is as unworthy of the age in which we live, as it 
is revolting to the common sense and practice of mankind. It 
would conduce but little to our future security, or indeed to our 
present reputation, to declare that we repudiate all expectation 
of compensation from the Mexican government, and are lighting, 
not for any practical result, but for some vague, perhaps philan- 
thropic object, which escapes my penetration, and must be defined 
by those who assume this new principle of national intercom- 
munication. All wars are to be deprecated, as well by the states- 
man as by the philanthropist. They are great evils ; but there 
are greater evils than these, and submission to injustice is among 
them. The nation Avhich should refuse to defend its ri2;hts and 
its honor, when assailed, would soon have neither to defend ; and 
when driven to war, it is not by professions of disinterestedness 
and declarations of magnanimity that its rational objects can be 
obtained, or other nations taught a lesson of forbearance — the 
strongest security for permanent peace. "We are at war with 
Mexico, and its vigorous prosecution is the surest means of its 
speedy termination, and ample indemnity the surest guarantee 
against the recurrence of such injustice as provoked it. 

The "Wilmot Proviso. — " The Wilmot Proviso has been before 
the country some time. It has been repeatedly discussed in 
Congress, and by the public press. I am strongly impressed with 
the opinion that a groat change has been going on in the public 
mind upon this subject — in my own as well as others ; and that 
doubts are resolving themselves into convictions, that the princi- 
ple it involves should be kept out of the national Legislature, and 
left to the people of the confederacy in their respective local 
cfovernments. 

"The whole subject is a comprehensive one, and fruitful of im- 
portant consequences. It would be ill-timed to discuss it here. I 
shall not assume that responsible task, but shall confine myself to 
such o-eneral views as are necessary to the fair exhibition of mv 
opinions. 

State Power oyer Slavery. — ""We may well regret the ex- 
istence of slavery in the southern States, and wish they had been 



OF LEWIS CASS. 600 

saved from its introduction. But there it is, and not by the act 
of the present generation ; and we must deal with it as a great 
practical question, involving the most momentous consequences. 
We have neither the right nor the power to touch it where it 
exists ; and if we had both, their exercise, bj any means hereto- 
fore suggested, might lead to results which no wise man would 
willingly encounter, and which no good man could contemplate 
without anxiety. 

" The theory of our government presupposes that its various 
members have reserved to themselves the regulation of all sub- 
jects relating to what may be termed their internal police. They 
are sovereign within their boundaries, except in those cases where 
they have surrendered to the general government a portion of their 
rights in order to give effect to the objects of the Union, whether 
these concern foreign nations or the several States themselves. 
Local institutions, if I may so speak, whether they have reference 
to slavery or to any other relations, domestic or public, are left to 
local authority, either original or derivative. Congress has no 
right to say that there shall be slavery in Xew York, or that 
there shall be no slavery in Georgia: nor is there any human 
power but the people of those States respectively, which can 
change the relations existing therein ; and they can say, if they 
will, We will have slavery in the former, and we will abolish it 
in the latter. 

Terkitorial Power. — " In various respects, the Territories dif- 
fer from the States. Some of their rights are inchoate, and they do 
not possess the peculiar attributes of sovereignty. Their relation 
to the general government is very imperfectly defined by the Con- 
stitution, and it will be found upon examination, that in that 
instrument the only grant of power concerning them, is conveyed 
in the phrase, ' Congress shall have the power to dispose of and 
make all needful rules and regulations respecting the territory 
and other property belonging to the United States.' Certainly 
this phraseology is very loose, if it were designed to include in 
the grant the whole power of legislation over persons as well as 
things. The expression, the ' territory and other property,' fairly 
construed, relates to the public lands, as such, to arsenals, dock- 
yawls, forts, ships, and all the various kinds of property which the 
United States may and must possess, 

" But surely the simple authority, to dispose of and regulate 
39 



610 LIFE AND TIMES 

these, does not extend to the unlimited power of legislation ; to 
the passage of all laws, in the most general acceptation of the 
word, which, by the by, is carefully excluded from the sentence. 
And, indeed, if this were so, it would render unnecessary another 
provision of the constitution, which grants to Congress the power 
to legislate, with the consent of the States, respectively, over all 
places purchased for the ' erection of forts, magazines, arsenals, 
dock-yards,' &c. These being the ' property' of the United States, 
if the power to make 'needful rules and regulations concerning' 
them includes the general power of legislation, then the grant of 
authority to regulate ' the territory and other property of the 
United States ' is unlimited wherever subjects are found for its 
operation, and its exercise needed no auxiliary provision. If, on 
the other hand, it does not include such power of legislation over 
the ' other property ' of the United States, then it does not include 
it over their ' territory '; for the same terms which grant the one, 
grant the other. ' Territory ' is here classed with property, and 
treated as such ; and the object was evidently to enable the gen- 
eral government, as a property holder — which, from necessity, it 
must be — to manage, preserve and ' dispose of such property as 
it might possess, and which authority is essential almost to its 
being. But the lives and persons of our citizens, with the vast 
variety of objects connected with them, can not be controlled by 
an authority which is merely called into existence for the purpose 
oi ■making rules and regulations for the disjyosition and m.anage- 
ment of propei'ty. 

Territorial Goverts'ments. — " Such, it appears to me, would be 
the construction put upon this provision of the Constitution, were 
this question now first presented for consideration, and not con- 
trolled by imperious circumstances. The original ordinance of the 
Congress of the Confederation passed in 1787, and which was the 
only act upon this subject in force at the adoption of the Consti- 
tution, provided a complete frame of government for the country 
north of the Ohio while in a territorial condition, and for its even- 
tual admission in separate States into the Union. And the per- 
suasion that this ordinance contained within itself all the necessary 
means of execution, probably prevented any direct reference to the 
subject in the Constitution, farther than vesting in Congress the 
right to admit the States formed under it into the Union. How- 
ever, circumstances arose which required legislation, as well over ^ 

I 



OF LEWIS CASS. 611 

the territory north of the Ohio as over other territory, both 
within and without the original Union ceded to the general gov- 
ernment ; and at various times a more enlarged power lias been 
exercised over the territories — meaning thereby the difierent ter- 
ritorial governments — than is conveyed by the limited grant 
referred to. How far an existing necessity may have operated in 
producing this legislation, and thus extending by rather a violent 
implication powers not directly given, I know not. But certain 
it is that the j^rinciple of interference should not be carried beyond 
the necessary implication which produces it. It should be limited 
to the creation of proper governments for new countries acquired 
or settled, and to the necessary provision for their eventual admis- 
sion into the Union; leaving, in the meantime, the people inhab- 
iting them to regulate their internal concerns in their own way. 
They are just as capable of doing so as the people of the States ; 
and they can do so, at any rate, as soon as their political indepen- 
dence is recognized by admission into the Union. Durino- this 
temporary condition, it is hardly expedient to call into exercise a 
doubtful and invidious authority, which questions the intelligence 
of a respectable portion of our citizens, and whose limitation, 
whatever it may be, will be rapidly approaching its termination — 
an authority which would give to Congress despotic power, uncon- 
trolled by the Constitution, over most important sections of our 
common country. For, if the relation of master and servant may 
be regulated or annihilated by its legislation, so may the relation 
of husband and wife, parent and child, and of any other condition 
which our institutions and the habits of our society recognize. 
What would be thought, if Congress should undertake to prescribe 
the terms of marriage in New York, or to regulate the authority 
of parents over their children in Pennsylvania? And yet it would 
be as vain to seek one justifying the interference of the National 
Legislature in the cases referred to in the original States of the 
Union. I speak here of the inherent power of Congress, and do 
not touch the question of such contracts as may be formed with new 
States when admitted into the Confederacy. 

Sectional Questions. — " Of all the questions that can agitate 
us, those which are merely sectional in their character are the most 
dangerous, and the most to be deprecated. The warning voice of 
him who from his character and services and virtue had the best 
right to warn us, proclaimed to his countrymen in his farewell 



612 LIFE AND TIMES 

address — that monument of wisdom for him, as I hope it will be of 
safety for them — how ranch we had to apprehend from measures pe- 
culiarly affecting geographical portions of our country. The grave 
circumstances in which we are now jDlaced, make those words of 
safety; for I am satisfied, from all I have seen and heard here, that 
a successful attempt to ingraft the principles of the Wilmot proviso 
upon the legislation of this government, and to apply them to new 
territory, should new territory be acquired, would seriously affect 
our tranquillity. I do not suffer myself to foresee or to foretell the 
consequences that w^ould ensue, for I trust and believe there is good 
sense and good feeling enough in the country to avoid them, by 
avoiding all occasions which might lead to them. 

TuK Reasons fok leaving to the People of the Teeeitokt 
THE E.IGUTS OF LEGISLATION. — " Briefly, then, I am opposed to the 
exercise of any jurisdiction by Congress over this matter, and I 
am in favor of leaving to the people of any territory which may 
be hereafter acquired, the right to regulate it for themselves under 
the general principles of the Constitution. Because — 

" 1. I do not see in the Constitution any grant of the requisite 
power to Congress ; and I am not disposed to extend a doubtful 
precedent beyond its necessity, — the establishment of territorial 
governments when needed, — leaving to the inhabitants all the 
rights compatible with the relations they bear to the Confed- 
eration. 

" 2. Because I believe this measure, if adopted, would weaken, if 
not impair, the union of the States, and M'^ould sow the seeds of 
future discord, which would grow up and ripen into an abundant 
harvest of calamity. 

" 3. Because I believe a general conviction that such a proposi- 
tion would succeed, would lead to an immediate withholding of 
the supplies, and thus to a dishonorable termination of the wai'. 
I think no dispassionate observer at the seat of government can 
doubt this result. 

"4. If, however, in this I am under a misapprehension, I am 
under none in the practical operation of this restriction, if adopted 
by Congress, upon a treaty of peace making acquisition of Mexican 
territory. Such a treaty would be rejected, just as certainly as 
presented to the Senate. More than one-third of that body would 
vote against it, viewing such a principle as an exclusion of the citi- 
zens of the slave-holding States from a particij)ation in the benefits 



OF LEWIS CASS. 613 

acquired by the treasure and exertions of all, and which should be 
common to all. I am repeating — neither advancing nor defending 
tliese views. That branch of the subject does not lie in my way, 
and I shall not turn aside to seek it. 

"In this aspect of the matter, the people of the United States 
must choose between this restriction and the extension of their 
territorial limits. They can not have both; and which they will 
surrender must depend upon their representatives first, and then, 
if these fail them, upon themselves. 

" 5. But after all, it seems to be generally conceded that this 
restriction, if carried into effect, could not operate upon any State 
to be formed from newly-acquired territory. The well known 
attributes of sovereignty, recognized by us as belonging to the 
State governments, would sweep before them any such barrier, 
and would leave the peoj^le to express and exert their ^Yi^ at plea- 
sure. Is the object, then, of temporary exclusion for so short a 
period as the duration of the territorial government, worth the 
price at which it would be purchased ? — worth the discord it would 
engender, the trial to which it would expose our Union, and the 
evils that would be the certain consequence, let that trial result as 
it might? As to the course which has been intimated rather than 
proposed, of ingrafting such a restriction upon any treaty of acqui- 
sition, I persuade myself it would find but little favor in any por- 
tion of this country. Such an arrangement would render Mexico 
a party, having a right to interfere in our internal institutions in 
questions left by the Constitution to the State governments, and 
would inflict a serious blow upon our fundamental principles. 
Few, indeed, I trust, there are among us who would thus grant to 
a foreign power the right to inquire into the constitution and con- 
duct of the sovereign States of this Union; and if there are any, I 
am not among them and never shall be. To the people of this 
country, under God, now and hereafter are its destinies committed; 
and we want no foreign power to interrogate us, treaty in hand, 
and to say, Why have you done this, or why have you left that 
undone ? Our own dignity and the principle of national indepen- 
dence unite to repel such a proposition. 

Difference between Increase and Diffusion of Slavery. — 
" But there is another important consideration, which ought not 
to be lost sight of, in the investigation of this subject. The 
question that presents itself, is not a question of the increase, but 



614 LIFE AND TIMES 

of the diiFusion of slavery. Whether its sphere be stationary or 
progressive, its amount will be the same. The rejection of this 
restriction will not add one to the class of servitude, nor will its 
adoption give freedom to a single being who is now placed 
therein. The same numbers will be spread over greater terri- 
tory ; and so far as compression, with less abundance of the 
necessaries of life, is an evil, so far will that evil be mitigated by 
transporting slaves to a new country, and giving them a larger 
sj^ace to occupy. 

The Improbability of Slaveey going to the Califoknias 
AND New Mexico. — " I say this in the event of the extension of 
slavery over any new acquisition. But can it go there ? This may 
well be doubted. All the descriptions which reach us of the con- 
dition of the Californias and of New Mexico, to the acquisition 
of which our efforts seem at present directed, unite in representing 
those countries as agricultural regions, similar in their products 
to our middle States, and generally unfit for the production of the 
great staples which can alone render slave labor valuable. If 
we are not grossly deceived — and it is difficult to conceive how 
we can be — tlie inhabitants of those regions, whether they depend 
upon their plows or their herds, can not be slaveholders. In- 
voluntary labor, requiring the investment of large capital, can 
only be profitable when employed in the production of a few 
favored articles, confined by nature to special districts, and paying 
larger returns than the usual agricultural products spread over 
more considerable portions of the earth. 

" In the able letter of Mr. Buchanan upon this subject, not long 
since given to the public, he presents similar considerations with 
great force. 'Neither,' says this distinguished w^riter, 'the soil, 
the climate, nor the productions of California, south of 36° SO', 
nor indeed of any portion of it, north or south, is adapted to slave 
labor; and besides, every facility would be there afforded for the 
slave to escape from his master. Such property would be entirely 
insecure in any part of California. It is morally impossible, 
therefore, that a majority of the emigrants to that portion of the 
territory south of 36° 30', which will be chiefly composed of our 
own citizens, will ever re-establish slavery within its limits. 

" ' In regard to New Mexico, east of the Kio Grande, the 
question has already been settled by the admission of Texas into 
the Union. 



OF LEWIS CASS. 615 

" ' Should we acquire territory beyond the Eio Grande, and 
east of the Kooky Mountains, it is still more impossible that a 
majority of the people w^ould consent to re-establish slavery. They 
are themselves a colored population, and among them the negro 
does not belonar sociallv to a deo-raded race.' 

" With this last remark Mr. Walker fully coincides, in his letter 
written in ISi-i upon the annexation of Texas, and which every- 
where produced so favorable an impression upon the public mind, 
as to have conduced very materially to the accomplishment of 
that great measure. ' Beyond the Del Norte,' says Mr. Walker, 
'slavery will not pass ; not only because it is forbidden by law, 
but because the colored race there preponderates in the ratio of 
ten to one over the whites ; and holding, as they do, the govern- 
ment and most of the offices in their possession, they will not 
permit the enslavement of any portion of the colored race which 
makes and executes the laws of the country.' 

" The question, it will be therefore seen on examination, does not 
I'egard the exclusion of slavery from a region where it now exists, 
but a prohibition against its introduction where it does not exist, 
and where, from the feelings of the inhabitants and the laws of 
nature, ' it is morally impossible,' as Mr. Buchanan says, ' that it 
can ever re-establish itself.' 

The Powee of the Union — The Fundamental Pkinciples of 
CUE Union — Their Power. — '• It augurs well for the permanence 
of our Confederation, that during more than half a century which 
has elapsed since the establishment of this government, many 
serious questions, and some of the highest importance, have agi- 
tated the public mind, and more than once threatened the gravest 
consequences ; but that they have all in succession passed away, 
leaving our institutions unscathed, and our country advancing in 
numbers, power, and wealth, and in all the other elements of 
national prosperity, with a rapidity unknown in ancient or in 
modern days. In times of political excitement, v/hen difficult and 
delicate questions present themselves for solution, there is one ark 
of safety for us ; and that is an honest appeal to the fundamental 
principles of our Union, and a stern determination to abide their 
dictates. This course of proceedings has carried us in safety through 
many a trouble, and I trust will carry us safely through many 
more, should manv more be destined to assail us. The Wilmot 
proviso seeks to take from its legitimate tribunal a question of 



616 LIFE AND TIMES 

domestic policy, having no relation to the Union, as such, and to- 
transfer it to another created by the people for a special purpose, 
and foreign to the subject matter involved in this issue. By going 
back to our true principles, we go back to the road of peace and 
safety. Leave to the people, who will be affected by this question, 
to adjust it upon their own responsibility, and in their own manner, 
and we shall render another tribute to the original principles of 
our government, and furnish another guarantee for its permanence 
and prosperity. 

" I am, dear sir, 

" Eespectfully 

" Your obedient servant, 

"Lewis Cass. 
"A O. P. Nicholson, Esq., Nashville, Tenn." 

This letter expresses frank, statesmanlike and national senti- 
ments, and contains not a single word which an impartial reader 
can interpret as favoring slavery. On the contrary, many expres- 
sions indicate that General Cass regretted its existence no less 
than do all enlightened men and genuine friends of human liberty. 
Envy and disappointed ambition may pretend otherwise, but the 
proof is lacking to countenance the shameless effrontery. It was 
the offspring of a conviction in the mind of its distinguished 
author, that the pressing upon Congress the adoption of the pro- 
viso, was urging useless legislation — by many deemed plainly 
unconstitutional, and defiant to the wishes of tens of thousands of 
patriotic citizens. He treated the question as one not having 
reference to the exclusion of slavery from territory where it ex- 
isted, but a prohibition against its introduction where it did not 
exist, and where, in his judgment, from the feelings of the inhab- 
itants and the laws of nature, he believed it morally impossible to 
go and plant itself Indeed, he took occasion expressly to say, 
that, in his opinion, " slavery never would extend to California or 
New Mexico, and that the inhabitants of those regions, whether 
they depend on their plows or their herds, can not be slave- 
holders." The letter contained his honest sentiments, and by 
them has he guided all his public action on this subject. Subse- 
quent events have proven the truth of his prediction in relation 
to New Mexico and California. The territory is free — the State 
government does not tolerate slavery ; and it was a government 



OF LEWIS CASS. 617 

made by the people who dwelt there, acting in their own sove- 
reign capacity. This right was no new doctrine with General 
Cass. He recognized it when Michigan was a Territory — he 
referred to it and countenanced it in his article upon the Georgia 
difficulties, before alluded to, which we reproduce from the review 
of the decision of the Supreme Court, in 1832, heretofore given, 
as appears in the following extract. lie observed : 

"That the clause of the Constitution authorizing Congress 'to 
dispose of, and make all needful rules and regulations respecting 
the territory or other property of the United States, refers to ter- 
ritorial rights, and grants no jurisdiction over persons.' Among 
other things I say : 'The power to dispose of, and make needful 
rules and regulations respecting the territory and other property 
of the United States, and the power to exercise general jurisdic- 
tion over persons upon it, are essentially different and independent. 
The former is general, and is given in the clause referred to ; the 
latter is special, and is found in another clause, and is confined to 
the federal tract (the District of Columbia,) and to places pur- 
chased by consent of the Legislature of the State in M'hich the 
same shall be, for the erection of forts, magazines, arsenals, dock- 
yards and other needful buildings.' " 

And it is w^orthy of note, that the views expressed in this letter 
have entered into and marked the legislation of Congress, and 
received the approbation of many eminent men of the countiy, 
who at first differed with him; thus evidencing the soundness of 
the position he assumed at the outset of the agitation on this 
subject. 

The letter was read by several gentlemen, northern and southern, 
before its publication. Some of the latter requested the General 
to omit that part of it which asserted the right of the people of 
the territories to legislate for themselves on all questions relating 
to their internal jpolicij. He declined to accede to this request, 
because of his unwillingness to misstate his views by omission. 
It did not comport with his self-respect to do so ; although he was 
not unmindful that this doctrine might ever afterward be regarded 
an inexpiable offense by extreme southern men. At the same 
time he was aware that the position that Congress had no power 
to legislate upon the subject of slavery, would be equally unac- 
ceptable and unpardonable with extreme northern men. 



618 LIFE AND TIMES 

The introdflctiun of the Wihnot proviso into Congress created 
quite a stir among the politicians, without distinction of party, all 
through the southern States. The opinion soon became prevalent, 
that it was not slavery or involuntary bondage, but the power 
which the institution exercised in the political world, that induced 
people to pay it so much attention. It was a hot-bed of parties. 
On the platform of opposition, an anti-slavery party could exist 
in the free States ; on the platform of self-defense, another party 
could exist in the slave States ; whilst between these two extremes, 
another party still was always to be found, composed of the con- 
servative mind of the entire country. 

The prospect of territorial acquisitions awakened into new life 
all the elements of politics. Whether these vast domains should 
be bond or free, was, indeed, a magnificent question. Anti-slavery 
had opened the battle, and made a vital attack ; it was no less 
than a pronunciamento of entire interdiction ; the area of slavery 
was never, under any circumstances, to be extended. JSTo matter 
if the blood of the slaveholder had watered the roads, valleys 
and mountains of Mexico ; and southern armies, with chivalrous 
bravery, were first among the foremost to plant the standard of 
their country upon the walls of the imperial capital. This should 
not give their relatives and families at home, the right to emigrate 
with their property. Not so, thought they ; and their statesmen 
echoed the sentiment in the halls of Congress. 

Action for self-defense was necessary. A convention was sug- 
gested, to combine the efforts of the citizens of the slave States. 
Mr. Calhoun favored it; others did the same. This looked sec- 
tionalism in earnest. The government of Washington was evi- 
dently fast drifting to the rubicon. Statesmen who would cling to 
the Constitution to the last extremity, paused to take a reckoning. 
And with the annexation of new territory, what would be the 
relative rights of the inhabitants thereof, was the great problem 
to be solved. General Cass had no misgivings ; to his mind, it 
was clear ujjon what tack to put the ship of State. 



OF LEWIS CASS. 



619 



CHAPTER XXXYI. 

Harbor Appropriations — Tiews of General Cass — Tlie Chicago Convention — The Famous Letter — 
General Cass' Official Acts for Harbor and otlier Public Improvements — His Speeches and 
Totes— His Yinchcation. 

The subject of making appropriations for the improvement of 
harbors on the northern lakes, has frequently been before Con- > 
grass since General Cass has been a member. Uniformly he has 
favored, advocated and voted for all reasonable and necessary 
appropriations. Several times he has drawn up and introduced 
bills appropriating moneys for this purpose. If he has not always 
been successful in his efforts, it is to be ascribed to the variety of 
interests which, unfortunately, the extent of our country has crea- 
ted ; and the question has become involved with other measures 
of public expenditure, having no natural connection with it. The 
constitutional right of Congress to appropriate money for the im- 
provement of rivers and harbors on the lakes, has been designedly 
connected with the right of that body to commence and prosecute 
a general system of internal improvements, so that frequently 
those who believe that the constitutional right exists in the one 
case and not in the other, are compelled, by the arts of parliamen- 
tary tacticians, to oppose the system entirely, as it is presented 
to them. 

It has been charged upon General Cass that he is opposed to 
appropriations for harbor and river improvements. The history 
of his votes, during his career in the Senate of the United States, 
disproves the truth of the unfounded allegation. He supports the 
creed of the Democratic party on this subject, early established, 
and frequently reiterated in National Convention. It is summed 
up in the following declaration : " that the federal government is 
one of limited powers, derived solely from the Constitution, and 
the grants of power shown therein ought to be strictly construed 
by all the departments and agents of government, and that it is 
inexpedient and dangerous to exercise doubtful constitutional 



620 LIFE AND TIMES 

powers ; that the Constitution does not confer upon the general 
government the power to commence and carry on a general 
system of internal improvements." 

It does not deny the power of Congress to improve the great 
harbors, and rivers, and lakes of the country, that can be consid- 
ered national in their character, and important to its defense and 
commerce. He recommended appropriations for such purposes 
when Secretary of War ; but lie does deny the power, and is op- 
posed to its exercise, to devise and prosecute a vast system, whose 
pecuniary extent can not be foreseen, and whose corrupting influ- 
ence in and out of Congress, may well excite apprehension ; at 
the same time he has advocated and voted for particular appro- 
priations, justified by the position and importance of tlie location 
to be improved. 

In one of his speeches on tliis subject he says, "With respect 
to harbor improvements upon the great lakes, in which my con- 
stituents feel a deep interest, I may be permitted, I trust, to make 
JV a few remarks. It is the exercise of a power essential to the pros- 
perity of the country^ and necessary to prevent a prodigal waste of 
human IfeP 

We will give one instance, from Congressional record, to show 
the position of General Cass on this question : 

In July, 1846, Mr. Dix moved to take up the river and harbor 

bill. 

Mr. Bagby (of Alabama) objected. He was opposed to the bill 
in principle, and with a view to record his vote, asked for the yeas 
and nays on the question, and they were ordered. 

The yeas and nays were taken on the question, and stood, yeas 
thirty-seven — nays fourteen; General Cass voting in the af- 
firmative. 

July 21. — On motion of Mr. Dix, the Senate resumed the con- 
sideration of the river and harbor appropriation bill. 

Mr. Atchinson moved the reconsideration of the vote by which 
the following clause was stricken out : 

" For the improvement of Little Fort harbor, on Lake Mich- 
igan, $12,000." 

Upon this motion discussion ensued. 

General Cass advocated the appropriation. He argued for it on 
the 2;round of expediency and constitutional right. He denied 
that they were legislating for mere local views. It was the duty 



OF LEWIS CASS. ^ 621 

of Congress to legislate with a regard to local as well as general 
interests. He contrasted the importance of harbors on the lakes 
■with the rivers. On the Mississippi and great western rivers every 
species of craft could land at any point; but, on the lakes, the 
God of nature had imposed the most formidable difficulties. He 
himself was once shipwrecked near the town of Cleveland, and 
saved his life at imminent hazard. He alluded to the commerce 
of the lakes. Last year the number of vessels of all kinds navi- 
gating the lakes was four hundred and ninety-five, and thirty were 
building ; thirty-six vessels had been driven ashore — twenty total 
wrecks, and four had foundered. 

The vote was reconsidered — yeas 32, noes 19 — General Cass 
votino; for the reconsideration. The further consideration of the 
bill was postponed. 

Julv 23d. — Mr. Dix moved that the Senate resume the consid- 
eration of the river and harbor appropriation bill. 

Mr. Atherton offered an amendment : Provided that no money 
shall be drawn from the treasury on account of any a-pjpropiation 
contained in this act., unless the revenues of the government shall 
be sufficient to pay the current expenses of the year without 
resorting to treasury notes or loans. 

On the amendment Mr. Atherton demanded the ayes and noes, 
which being called, the amendment M^as lost — ayes 18, noes 33 — 
General Cass voting in the negative. 

After offering and discussing various amendments, upon which 
General Cass invariably voted to sustain the bill, the question was 
taken upon ordering the bill to a third reading, which was done — 
ayes 31, noes 16 — General Cass voting in the affirmative. 

The bill was then, by unanimous consent, read a third time and 
passed, General Cass voting for the passage of the bill. 

Here, then, is the irrefragable proof that General Cass advo- 
cated in his speeches, and supported by his vote, appropriations 
for the improvement of our rivers and harbors ; and he voted 
ao-ainst Mr. Atherton's amendment, which was intended to, and 
would, if adopted, defeat the operation of the bill. 

In further illustration of General Cass' construction of the con- 
stitutional power of Congress to make grants for specific improve- 
ments where the benefit will accrue to the country in general, in 
1846 he advocated and voted for the bill to grant alternate sections 
of public land to the State of Michigan, to complete certain works 



622 LIFE AXD TIMES 

of internal improvement. Upon a more recent occasion, in the 
winter of 1848, be advocated and voted for a grant to the State of 
Illinois of the right of way and a donation of public lands for 
making a railroad, connecting the upper and lower Mississippi 
with the lakes at Chicago. 

Probably much of the misrepresentation of the General's views 
on this question should be attributed to a studied purpose, on the 
part of his political opponents. Perhaps tliere are persons so 
inimical to any measure which receives the sanction of the Demo- 
cratic party, that, at times, they oppose what their judgment con- 
vinces them is right. However this may be, in the summer of 
1847, an attempt was made to commit the people of the west, who 
were personally interested in river and harbor improvements, to 
a disavowal of the doctrines of the Democratic party in this par- 
ticular ; and, with this view, a convention was called and held at 
the city of Chicago in July of that year. The delegates to this 
convention were self-appointed, and it was numerously attended. 
The ultimate object of it was to procure action condemnatory of 
the policy of the Democratic party, as was thought in many quar- 
ters ; and if persons, known to be members of that party, were in 
attendance, such a vote would have the appearance, at least, of 
being sustained by a portion of the Democratic party. The dis- 
tinguished men of all parties were invited to be present by a com- 
mittee of arrangements. To these invitations answers in writing 
were returned. Some of the more prominent men of the Whig 
school of politics discussed the question at length in their replies, — 
and very properly, if such was their inclination. Among other 
distinguished men of the Democratic party. General Cass was very 
politely invited to be present. He had prior engagements on his 
hands to fulfill, and he declined accepting the invitation, in the 
following neat and concise note in reply, nearly two months in 
advance of the assembling of the convention : 

"Detroit, May iTtli. 
"Dear Sir :— I am much obliged to you for your kind attention 
in transmitting me an invitation to attend the Convention on In- 
ternal Improvements, which will meet in Chicago in July. Cir- 
cumstances, however, will put it out of my power to be present at 
that time. "I am, dear sir, 

" Respectfully yours, 

" Lewis Cass. 

"W. L. Whiting, Esq., Chicago, 111." 



OF LEWIS CASS. 623 

There was no occasion for an expression of his opinions or views 
upon the subject matter of the invitation, or what the action of 
the convention to which it alluded should be. The records of 
Congressional legislation contained them in abundance, and all 
who had taken the trouble to inform themselves of the current 
history of their country, could not be otherwise than fully informed. 
Perhaps a man less scrupulous about obtruding his personal sen- 
timents upon the public than General Cass, might have seized 
upon the opportunity to avow, unasked, his private views ; but 
such an answer to a simple invitation to attend a public meeting, 
all will readily admit would have been in bad taste, especially 
when it is understood (for such was the fact,) that the General was 
not aware that Mr. AVhiting was a member of any committee, but, 
on the contrary, regarded his note as a private communication 
from one gentleman to another. 

This brief and very intelligible letter, however, in a subsequent 
year, formed the text for much political hadinage; and we do not 
now remember that ever six lines were written which have been 
the subject of so much perversion. It has been cited, frequently, 
as evidence of the General's hostility to harbor and river improve- 
ments, when it does not contain one word on the subject, or inti- 
mation, even, from which such an unfounded and unwarranted 
inference could be drawn. 

As there has been so much anxiety manifested to know why the 
General did not attend the convention, it is but just to say, that, 
in addition to prior engagements that put it entirely out of his 
power to be present, without much inconvenience personally, he 
did not deem it absolutely necessary for himself to attend, because 
it was his opinion that the olyect of the convention was political, 
entirely incompatible with his views and practice ; and, above all, 
that its labors would not efiect any particular benefit. He, in 
short, was unable to perceive how any useful plan of action could 
be devised or adopted by a large assemblage, ajnong whom differ- 
ences of oj^inion existed, in a time of great political excitement, 
gathered from many sections of the country, without limitation as 
to numbers, and possessing no degree of responsibility for the 
wisdom or felicity of the measures it might happen to propose ; 
and the result proved he was right, for no good resulted from 
its labors. 

On his route homeward from Washington, immediately after 



62i LIFE AND TIMES 

his acceptance of the Presidential nomination in 1848, General 
Cass was welcomed at Cleveland bj a large concourse of his fel- 
low-citizens. Judge Wood, of that place — an old acquaintance 
and political friend of the General — at their request, formally 
addressed him. To this. General Cass made a suitable reply, 
acknowledging the respect paid him, that his voice was weak, his 
health feeble, and his strength prostrated with the fatigue of sev- 
eral days' travel, and suggested that he was doubtful whether, 
amidst the noise and confusion that prevailed, he could be dis- 
tinctly heard by all present. After making a few further ob- 
servations appropriate to the occasion, he concluded his reply, 
and received the personal congratulations of such as saw fit to 
approach him. 

It has since been alledged, that the General sheltered himself 
behind the noise and confusion, to avoid an expression of his 
views on the subject of harbor and river improvements. As if 
his views on that topic were not fully before the people, the alle- 
gation has often been reiterated, until the words italicised in 
the preceding paragraph, have become classical in our political 
nomenclature. The allegation is untrue, and was regarded as too 
silly to be noticed by the General's political friends, until Janu- 
ary, 1850, when, having been revived by the Washington Rejyub- 
lic^ Messrs J. W. Gray, the editor of the Cleveland Plaindealer^ 
and H. V. Willson, a respectable citizen and lawyer of Ohio, ad- 
dressed Judge Wood — then Governor of Ohio — and received 
from him the following cxj^licit statement of what transpired on 
the occasion alluded to : 

"Executive Office, Columbus, January 21st, 1851. 

" Gentlehien : — Your« favor of the 28th instant came duly to 
hand last evening, on the subject of that stale slander, the speech 
of General Cass at Cleveland in 1848, as reported in the Herald, 
and requesting my recollection of it, and the order in which it 
occurred. 

"Injustice to myself, I must say, at the time of the reception 
of General Cass at Cleveland, I had not read his letter accepting 
the nomination for President, or no opportunity would have been 
given for the perverse and silly version of his speech, which was 
published in the Herald on that occasion. 

" The speech attributed to the General, that there was '■so much 
noise and confusion ' that he could not be heard in answer to tha 



OF LEWIS CASS. 625 

particular subjects of river and harbor improvements, and the 
extension of slavery into the free territories of the United States, 
to which his attention had been especially invited, was not made 
by him in that connection at all. 

" His remarks were very able, eloquent, and appropriate, for an 
effort of the kind. He commenced by saying he was fatigued 
with several days' travel; that his health was feeble, his voice but 
weak, and he was doubtful whether, amidst the noise and confu- 
sion that prevailed, he could be distinctly heard by all in that 
vast assembly. 

"• General Cass then gave a brief history of Lis emigration to 
Ohio when a youth; his residence in the State of his adoption. 
He spoke of the condition of Ohio when he first settled at Zanes- 
ville; of her rapid advance in intelligence, population, and wealtb, 
and of the interest he had always felt in her institutions and pros- 
perity, &c., &c. 

" General Cass then, in order, alluded to the recent events in 
Europe, and drew a comjDarison between the governments of Eng- 
land, France, and Germany, and the American Kepublic, &c., &c., 
which occupied him fifteen or twenty minutes ; and then, turning 
from the assembly directly to me, he observed that the particular 
subjects to which I had called his attention were those upon which 
he had hoped his sentiments were well known and understood. 
For a knowledge of bis opinions on those subjects, he could only 
refer to his votes and action in the Senate of the United States for 
several years — to his letter to Mr. JSTicholson, in which he had ex- 
pressed himself without reserve; and he thought ^7^(?2/ would aflbrd 
more satisfactory evidence of his sentiments than any assurances 
he could then give, under the circumstances by which he was sur- 
rounded. 'Besides,' (said he) 'in my letter accepting the nomina- 
tion for President, I have stated that it must close my professions 
of political faith, and to this declaration I think I ought to adhere.' 

" This was the substance of the speech, according to my recol- 
lection of it, and the order in which it was delivered. The report 
of it in the Cleveland Jlemld^ and which was put into my hands 
but a short time after General Cass left the stand, was doubtless 
an artful and <^m(/;i^<rZ misrepresentation of the whole affair. 
" I am, gentlemen, very respectfullv, 

" E. Wood. 

"Messrs. Gray and Willson, Esqs., Cleveland, &€., &c." 
40 



626 LIFE AND TIMES 

In order tluit there may be no misconception of liis views on 
this interesting topic, we make a few extracts from a speech of his, 
delivered in the Senate at the close of the session of Congress in 
March, 1851, on the river and harbor bill. 

"Now, sir, the honorable senator from South Carolina [Mr. 
Butler] has referred, rather triumphantly, I thought, to the reso- 
lutions of the Baltimore Convention, and seems to suppose that 
their faithful observance would prevent those of us who acknowl- 
edge their obligations from voting for any river or harbor bill. 
Mr. President, for one, I see neither difficulty in the case, nor in- 
consistency in the course. This resolution, disavowing the right 
to establish a general system of internal improvements — for that 
is the doctrine reproved — was first presented to the Democratic 
party by that able and incorruptible statesman, Silas AVright, 
whose memory is embalmed in the heart of every true Democrat. 
Well, sir, he, its acknowledged father, held at the time he urged 
it, and continued to hold till his lamented death, the same opinions 
upon this subject which are now sanctioned by the Democratic 
party, and which authorize these appropriations for certain na- 
tional objects. Can a doubt rest upon the mind of any man, 
fairly disposed, respecting the construction he put upon his own 
declaration ? What he meant, and what the Democratic party 
mean to repudiate, is the power to spread a great system of j)ublic 
w^orks through the whole countr}^, embracing roads, canals, rivers 
and harbors, and ponds, too, for aught I know — a system by which 
the Union was to be covered Avith roads and canals, as by a net- 
work, and whose consequences, as well financially in the enor- 
mous expenditure it would entail, as morally and politically by 
the corruptions it would lead to, no man can seriously contemplate 
without alarm. Why, sir, a fact which has just been stated by an 
honorable member, [Mr. Downs,] that at the time of the Maysville 
veto there were propositions before committees of Congress for 
lines of roads to the amount of $106,000,000, as I understood him, 
for I have not time to refer to the documents, places in a striking 
light the dangers we were exposed to, and from which we escaped 
by the firmness and wisdom of Andrew Jackson ; and, by the 
adherence of the Democratic party to the principles of this great 
act we are yet safe from this peril. They have taken roads and 
canals from the grasp of the general government, and all the 
rivers, except a few, which can be considered national in their 



OF LEWIS CASS. 627 

cliaracter, by the contributions they furnish to the commerce of 
the country. A great system of internal improvements is exploded, 
and the powers of the government are confined within their legit- 
imate boundaries, — the right to regulate commerce, and to improve 
natural reservoirs and some of the principal natural avenues of 
communication. 

" Look, sir, at the votes in the Senate in 1847, the last time a 
bill upon this subject passed, and but a year before the meeting 
of the Baltimore Convention. You will find that on a test vote, 
so announced by the mover, Mr. Bagby, to strike out the sum of 
$156,000 for tlie improvement of the Ohio river below tlie falls, 
there were thirty-nine nays and but six yeas. My name is recorded 
among the former ; and a far greater one than mine is there, too, 
— the name of Calhoun. 

" With resj)ect to harbor improvements upon the great lakes, in 
which my constituents feel a deep interest, I may be permitted, I 
trust, to make a few remarks. It is the exercise of a power es- 
sential to the pros^^erity of the country, and necessary to prevent 
a prodigal waste of human life. When I iirst removed to that 
region, there was but one natural harbor free from a bar between 
the mouth of the Detroit river and Black Eock, the whole extent 
of Lake Erie, and that was at Put-in-Bay Island. How this great 
defect was to be remedied was a subject of anxious inquiry; for 
almost every day demonstrated both the danger and the difficulty 
of the navigation. I have never been exposed to more peril than 
at Cleveland, where I was driven ashore, and narrowly escaped 
with my life, — the mouth of the river being entirel}^ closed. At 
length the plan of building piers was suggested and ado23ted, bv 
wdiich the current of the rivers being confined within narrow 
limits, they were thus enabled, when high, to sweep away the bars, 
and so to create and preserve navigable channels. Experience 
soon came in aid of the system, and it is now found effectual for 
its object. It must be recollected that storms arise violently and 
suddenly upon those great fresh-water seas ; and as there is not 
sea room, as sailors say, to work a vessel off, she must often perish, 
with cargo and crew, unless there is a harbor near, in which she 
can take refuge. And these circumstances render a greater num- 
ber of ports necessary, than would otherwise be required. But 
as it is, and with all the improvements which have taken place 
the statistics of the lake commerce for 1850 exhibit a most 



628 LIFE AND TIMES 

lamentable loss of life and property, as the following abstract 
will show : 

Loss of life 395 

Loss of property $558,000 

Number of vessels lost 32 

" The value of the property and number of persons running this 
risk are stated as follows : 

Value of the commerce $191,000,000 

Passengers oj5,000 

American tonnage 1C(,000 

" Here, sir, is an exhibit of danger great enough to awaken the 
solicitude and to command the active attention of the most care- 
less Leo-islature. I can ne\^er surrender a principle which enables 
the government to discliarge a sacred duty, dear to all my con- 
stituents ; and 1 should faithlessly discharge my obligations to 
them, (and those obligations are many and great,) if I did not use 
all my efforts to have this trust fulfilled by the general government, 
so far as I can consistently with the Constitution and the true 
principles of sound legislation, 

" Harbors of commerce and of refuge are not only necessary, 
but harbors are also indispensable for the purposes of w^ar. A fact 
that occurred in 1813 should teach us to be provident in season: 
the fleet, commanded by Commodore Perry, which gained the 
most glorious naval battle recorded in our annals, was constructed 
at Erie, in Pennsylvania. At that time the waters of the Lake 
were low, and the bar at the mouth of the harbor could not be 
passed without lighting the vessels. The British fleet was off the 
shore, blockading onrs, which could not go out while the enemy 
was there, because the guns could not be mounted, as they would 
have occasioned too great a draught of water. A violent storm 
arose, which compelled the hostile squadron to leave the coast, 
and, by great energy and activity. Commodore Ferry was enabled 
to get his vessels over the bar, and to embark his guns and follow 
the enemy, and thus to gain that splendid victory which he fought 
with Spartan courage, and reported with Spartan brevity, when 
he met the enemy, and they were oiirs. 

"Anxiously did I look out for tidings of the result, for the boom- 
ing cannon had told that the contest had gone on and was finished ; 
and joyfully did I open the dispatch of the gallant commander, 



OF LEWIS CASS. 629 

for it was my fortune to receive it in the absence of General Har- 
rison ; and the shouts of the express, as he rode through the camp 
to my quarters, prepared us for the intelligence he brought ; — but 
■what I felt when I read the glorious letter, no tongue or pen can 
tell or record. It opened to us the road to the conquest of western 
Canada, and to the recovery and security of our own northwestern 
frontier. The British would otherwise have retained the command 
of the Lake, and our whole operations would have ended in useless 
and enormously expensive efforts to invade the hostile possessions 
by land. 

'•I repeat that I am in favor of the great principle of keeping 
the expenditui-es within the receipts, and I am prepared to support 
it, if the deficiency is thrown equally upon all the objects of ex- 
penditure which are in the same circumstances. I agree that the 
authorized and usual expenses of the government — those sanc- 
tioned by existing laws, and the private claims which have become 
acknowledged debts by our legislation, should be first met. We 
can not avoid these without the most serious injury, and without 
the palpable violation of a moral duty. But I can not extend this 
immunity any farther than our existing obligations. I can not con- 
sent that all the excess should be thrown upon the river and harbor 
appropriations ; it is not just. Tiiere is a vast variety of objects, 
for which we are providing with railroad rapidity, and amid a rail- 
road noise and confusion^ which are far inferior in real importance 
and utility to many of those contemplated by this bill. Among 
them are appropriations made or anticipated for the capitol, for 
mints, custom-houses, post offices, steamboat lines, and books — no 
inconsiderable source of expense — and many other purposes, all of 
which may be delayed, and many of which may be omitted with- 
out injury to the public service. I repeat, sir, it is unjust, flagrantly 
so, to throw all the deficiencies upon the river and harbor bill, and 
leave everythinT; else to go on, money or no money. I propose to 
the senator from Maine to accept an amendment which will carry 
out this view, and I will then vote for his proposition." 

General Cass did not vote on this bill, because the question was 
not reached before midnight of the third of March. We liave, 
some pages back, given his views of the Sabbath. But, in addition, 
he had constitutional scruples on another point — the ri^^ht of sit- 
ting after the third of March, at alternate sessions of Congress. 



630 LIFE AND TIMES 

So Lad General Jackson ; so had Mr. Polk : and for the reasou 
that the term of Congress expires on the third day of March. The 
only pretense for prolonging it until noon of the fourth, is because 
General AYashino-ton was inaugurated at that hour. General 
Cats believes that the Presidential term commences with the 
fourth, but that the power to execute the duty of the office com- 
mences only with the qualification. General Taylor's term com- 
menced on Sunday, although he was not sworn in until Monday. 
He had just as much right to be sworn in at one o'clock in the 
morning of Monday, as he had at ten, eleven or twelve o'clock ; and 
then this strange anomaly would result — that we should have two 
Presidents from the time the new one is sworn in until twelve, 
two lawful Presidents of the United States ; for we take it for 
granted, that the same rule of construction is as applicable to 
the President as to Congress. And who ever drew pay for half 
a day ? The pay of members of Congress, by common consent 
and usage, terminates on the third of March. How, then, break 
the calendar and legal day, and run into the fourth? General 
Cass' constitutional scruples and invariable practice are against it. 

Again, in 1852, on the sixteenth of August, he spoke in the 
Senate for appropriations, when that body, as in Committee of the 
"Whole, had under consideration the bill granting to the State of 
Michigan the right of way, and a donation of public lands, for 
the construction of a sliip canal around the Falls of St. Mary. 

In addition to the advantages to accrue from such a canal to 
commerce, and to the people at large who resided along the bor- 
ders of New York, Pennsylvania, Ohio, Michigan, and Wisconsin, 
he advocated the passage of the bill because of the facility it 
would afford in case of war, for the transportation of munitions 
of war, and for defense to the frontiers generally. Read what 
he says : 

" In the course of this discussion, besides the improbability of 
war, we have heard it charged as another reason for refusing to 
grant this application, that it would be useless, because, should 
war come, Canada would fall with comparatively little opposition; 
certainly with so little as to render a military marine upon the 
lakes unnecessary. Mr. President, we are taught as well by the 
book of history as by the book of revelation, that the race is not 
always to the swift^ nor the hattle to the strong. . Too much pre- 
sumption and self-confidence have often robbed powerful nations 



OF LEWIS CASS. 631 

of victory, and driven them recreant from the field of contest. It 
is not easy to reduce a people determined npon resistance ; and 
in any future war Avith England, come when or how it may, tlie 
success of our oj)erations in Canada, or at any rate their facility, 
will depend essentially upon the disposition of the inhabitants. 
England has great means of annoyance; no one denies that; and 
if she should put forth her full strength — and who doubts it — she 
would be a formidable coadjutor with her Canadian subjects in 
the defense of the country. That we could overrun and deprive 
her of her possessions in our neighborhood, I am perfectly satisfied. 
But I wish neither to underrate the difficulties we should have 
to encounter, nor the preparations we ought to make. It is an 
error we committed once to our cost, and which I hope we sliall 
not commit again. It is an error of which I partook as well as 
others ; but from which, for my own part, I recovered forty years 
years ago this very day, when the surrender of Detroit told the 
dishonor of our country and the uncertainty of human expecta- 
tions. There was even then a great disparity in our strength, 
compared with that of our opponents. It is indeed greater now; 
but still British Korth America has increased since then in a 
rapid ratio in population and power. In the event of a war with 
England, it will undoubtedly be our policy, among other means 
of annoyance, to seize her continental colonies, and to hold them 
to await the arrangement of a treaty of peace. For myself, sir, I 
should be glad to see those countries annexed to the United States, 
as well from their position and contiguity as from the nature of 
the population, which is capable of appreciating the benefits of a 
free government, and of aiding in its administration. I live in 
sight of "Western Canada, and a beautiful country it is, rejoicing 
the heart and the eye of the traveler ; but I want no annexation 
at the expense of political honesty, nor of a war with England, 
nor without the free consent of the people themselves. I would 
not, if we could, unjustly deprive that country of her existing 
territorial possessions, whatever examples I might find in her 
own history of successful spoliations. But should war come, which 
is a contest of injury as well as of strength between the parties, 
we should have a moral right to carry our arms into her colonies, 
and to subdue them if we could, and then to retain them on the 
conclusion of peace, should England find it necessary to assent to 
the cession. But even then, I repeat, I would not hold on to an 



632 LIFE AND TIMES 

acre without the free consent of the people ; for their intellectual 
and moral condition is such that they ought to be permitted to 
decide that vital question for themselves. I would rather have 
them contented neighbors, than reluctant citizens. 

" I have been charged, sir, with a great desire to swallow terri- 
tory, and I do not deny but that I have the bump of acquisition 
tolerably well developed for a Jonathan; but for a John Bull, 
even mine would be a very small organ, a molehill to a moun- 
tain. But I should like a reasonable slice north, and one near 
insular acquisition on the south ; both of w4iich regions are im- 
portant to our security and prosperity. But I would not receive 
either of them but upon condition that the deed were done openly, 
honestly, acceptably to all parties ; unless, indeed, a just war 
should give us a right to subdue them, and thereby to violate no 
princi])le of national conduct. 

" But I must return to the lakes, which, while they separate us 
from Canada, furnish also the means of communication along 
almost the whole frontier. I have before said, they constitute 
three plateaus, t\\e \ower helng Lake Ontario, the middle. Lakes 
Erie, Huron, and Michigan, and the upper. Lake Superior. The 
interruption of navigation between the upper and middle of these 
crreat reservoirs, I have already shown. Between the middle and 
the lower, the Falls of Niagara are interposed, which, however, 
have been overcome by the Welland Canal, constructed by the 
British government, and which furnishes a navigable communi- 
cation for vessels ; and we learn, from recent information, that a 
surveying party was a few days ago at St. Mary's, surveying a 
routeVor a canal across the falls, to be constructed by the British 
o-overnment, — a wise precautionary measure, which we shall do 
well to imitate. The slightest inspection of the map will show 
that the command of these lakes by one party, restricts the 
other, both for its supplies and for all its means of communica- 
tion, to three or four points where the frontiers approach each 
other, thus facilitating the powers of offense and defense by the 
command of the water. 

" Now, sir, in the event of hostilities, we must have armed ves- 
sels upon Lake Superior, as well as upon Huron, Michigan, Erie, 
and Ontario. We can not neglect the country upon the greatest 
of our lakes. It is growing into importance ; and the further 
our researches are pushed, the greater becomes its promise. The 



OF LEWIS CASS. 633 

mineral treasures, already so productive, though but yet in the 
infancy of our knowledge of them, and the population there, and 
daily going there, must be protected, both from the civilized and 
uncivilized foe, who will be sure to take hold of the tomahawk 
together in that region, should war render their co-operation 
desirable. And a heavy Indian force can be collected there, from 
the extensive northern and northwestern regions, ready to strike 
upon our frontiers, if the necessary supplies can be secured, which 
can only be done by the command of the lakes. Our naval 
superiority would enable us to intercept all this atrocious inter- 
course, leading to blood and destruction. 

" Well, sir, open a passage for vessels from Lake Huron to 
Lake Superior, and the same squadron can act, as necessity may 
require, upon the appearance of danger, on all the lakes above 
Ontario. Leave the present interruption to exist, and you must 
double your marine force, as it can not be transferred from one of 
these theaters of operation to the other. We may be driven to 
another war of ship-carpenters, such as we fought, at an enormous 
expense, upon Lake Ontario, in 1813-'l-i. All who lived in those, 
days know from recollection, and those who have come upon the 
stage of action since know from history, what prodigious efforts 
both the parties made for maritime superiority. Tlie dock-yards 
were kept in constant activity, and when a new ship gave too 
great an ascendency to one fleet, the other kept out of harm's 
way till the trees of the forests — for they were cut as the}'' were 
wanted — could be fashioned into a vessel, and an equality or 
superiority insured. And thus the contest went on, with no deci- 
sive results, till the peace, which found us with the Largest ship in 
the world, or almost the largest, upon the stocks, and I do not 
know how many others in process of construction ; and I believe 
the British commander, Sir James Yeo, was not a whit behind us 
in this race for power. The expense must have been prodigious ; 
and, I think, after the peace, that our huge monster rotted in her 
cradle. 

" Now, sir, if after the naval battle of Lake Erie, by which the 
whole British armament was destroyed, the gallant Perry had 
possessed the means of conveying his squadron to Lake Ontario, 
the naval warfare would have been linished in a week, or the 
British vessels would have been hermetically shut up in their 
ports, leaving to us the command of the lake. The canal we ask, 



63J: LIFE AND TIMES 

being once made, would exist forever, for light tolls would keep it 
in repair, and its cost would be far less than the necessary expense 
to provide vessels even upon a single occasion for Lake Superior, 
whose destruction a few years would witness by natural decay, 
leaving us to do the work of building again. 

" It has been asked here, with a kind of ex cathedra manner, in 
what remote generation can hostilities occur on Lake Superior? 
I do not precisely understand the purport of the question ; but as 
it was put with a good deal of emphasis, I suppose it was intended 
to include a good deal of argument or objection, or both. But 
whether it intimates that the country will not be worth fighting 
for, or that there will be no inhabitants requiring our protection, 
I know not. It seems to concede that there may be a foe in that 
region, in some remote period, no man knows when. 

" Xow, sir, the history of our whole progress is the best answer 
to such an interrogatory, and especially the history of the West. 
There is one simple tact, within my own knowledge, which I trust 
the Senate will pardon me for referring to, because nothing can 
■place in a more striking aspect the wonderful advance of this 
country in power and prosperity. I have often conversed with a 
venerable relative, who was the cotemporary of Peregrine White, 
the first child born to the Pilgrims after their arrival upon this 
continent. But one generation between him who tells the story, 
in this great depository of political power — a portion of the power 
of one of the mightiest nations on the face of the earth — and the 
oldest of the sons of the Puritan patriarchs. Yerily, tliough God 
made no covenant with them, as he did with Abraham the patri- 
arch of Israel, when he said to him, " Look now toward heaven, 
and tell the stars, if thou be able to number them," and then gave 
him the memorable promise, " So shall thy seed be ;" though we 
can point to no such covenant, yet, if we have not been a chosen, 
we have been a favored people, and already have become like the 
stars in the heavens, which it is hard to number. 

" But though our mighty progress marks every page of our his- 
tory, and attracts the admiration of the world, provoking, also, less 
justifiable feelings in some portions of it, at least, yet we are asked 
here, in the American Senate, in what remote generation one of 
our magnificent regions will be worth defending ? Why, sir, when 
I crossed the Ohio river, in the last century, there was but one 
organized political community-— the old Korth-western Territory, 



OF LEWIS CASS. 635 

with a venerable revolutionary officer (General St. Clair) at the 
head of it, and with a population of a few thousand inhabitants 
— north of that river, and east of the Mississippi ; and now there 
are five States of this Union and five millions of people there, 
occupjing as fair a country as God ever gave to man to enjoy — 
a rate of increase which outstrips all previous human experience, 
as it almost outstrips the human imagination; and the advance in 
the other elements of power and prosperity have not been less 
strikino^ tlian the auo-mentation of numbers, and all this within 
the limits of an active life. AVhy, sir, at that time we had but 
one small American vessel, I believe, of perhaps a hundred tons, 
upon all the middle lakes ; and now we have upon the various 
lakes a navirratinir interest of not less than two hundred thousand 
tons. I remember when a single vessel — the Adams — made two 
annual trips from Bufialo to Chicago ; one in the spring, to take 
the supplies to the upper country, and the other in the autumn, 
to bring down the furs, almost the only article of trade collected 
there. And those two voyages occupied the navigating portion 
of the year. Kow, the annual value of the freight carried over 
the lake routes is not less than $200,000,000 ; and a solitary pas- 
senger or two, who then ranged over an almost unknown world, 
is now succeeded by hosts of travelers, with splendid homes on 
the waters, numbering certainly more than half a million, probably 
nearly approaching a million, every year. 

"Well, sir, I shall say no more upon this subject; but beg gen- 
tlemen to judge the future by the past, and to look forward to the 
day when a numerous and thriving population upon both shores 
of Lake Superior will demand the attention, and, if need be, the 
protection, of the governments who may then have jurisdiction 
there. 

" Is it really believed, says one of the senators opposed to this 
measure, that we shall ever have war vessels on the lakes? The 
question is so emphatically put, that it is intended to carry with it 
its own answer — as if the thing were impossible, and the supposi- 
tion absurd. Proper confidence is well, but 2)resumption is prone 
to lead to disaster. I have already shown, I trust, that Avhether 
we may ever need a military marine upon our inland seas, de- 
pends upon considerations not within the reach of human sagacity; 
and that ordinary circumspection requires us, not, indeed, to pro- 
vide such an armament before it is needed, but to construct a work 



636 LIFE AND TIMES 

which can not be hastily done, and which will greatly reduce the 
expense and extent of onr naval arrangements when the period 
for their nse shall come, and which, in the mean time, will add 
essentially to the growth and prosperity of the frontier." 

With these evidences of General Cass' uniform friendship for 
appropriations from the general government, and his steady efforts 
to obtain the same, we pass on to other points in his life. 



OF LEWIS CASS. 63T 



CHAPTER XXXYIl. 

Foreign Governments — General Cass' Sj-mpatbies with the King-ridden People — Austrian Intercourse 
— General Cass favors Suspension — Extracts from Lis Speech — Ireland — The Distress of the People — 
General Cass moves an Appropriation in their Behalf — His Relations with Mr. Polk's Administration 
— Yucatan. 

The position which General Cass has so long held in publiclife 
has given liim unsurpassed opportunities to acquire a thorough 
knowledge of the schemes of foreign powers. Not only that, but 
also to become conversant with the wants of the inhabitants. He 
has always found that under monarchical governments there is a 
proneness to tyranny. To the bondage of either body or mind 
he has ever been an unyielding opponent. Democratic in his own 
sensations and education, he sympathizes with the oppressed 
every where. Hence, in all the popular movements that from time / 
to time have occurred to improve the condition of mankind, his 
sympathies have been for success. He has regretted, it is true, 
on many occasions, that the leaders of the masses in the thickly 
populated districts of city and country, where the phrensy of the 
hour has broken the bonds of municipal regulation, were not 
possessed of more wisdom, and, as it sometimes seemed to him, 
genuine patriotism — a patriotism that merges all selfish consider- 
ations in the promotion of the common cause of their country and 
all its citizens. But he has made due allowance for poor human 
nature on such occasions, and, overlooking personal glory or 
aggrandizement, wished them in his heart God-speed. Often a 
witness of the wrongs and injustice heaped upon the king-ridden 
subjects of Eurojoean monarchs, he observed that the people of 
those countries were, in most instances, mere machines, submissive 
to the will of their masters only because the sword and the bay- 
onet were there to wring obedience ; and he could well appreciate 
how grateful to the fugitive from oppression is this land of the 
free, and how consolatory to their aching minds and bodies is the 
word of kind welcome and the hand of friendly greeting. Neither 



€38 LIFE AND TIMES 

has he been insensible to the alleviation afforded to those left be- 
hind and still struggling, by a recognition of them from the high 
places of republican power on this continent ; and, when an 
opportunity has offered, no one has been more prompt to give 
utterance to that glorious impulse which M^ould, if it had the power, 
strike off every manacle. When freedom has cried for sympathy 
or aid from any quarter, with a generous enthusiasm he was always 
ready to unite in sending them the encouragement of millions of 
brave citizens of a hai^py and prosj)erous republic. 

When Kapoleon was banished to Elba, he felt that freedom had 
retrograded a century in the old world — notwithstanding this pro- 
digy of the age occupied the throne of an emperor, and was 
invested with the robes and paraphernalia of imperial j^ower. 
When the tri-colored banner waved in triumph over distracted 
Paris in 1830, he rejoiced that Louis Phillippe ascended to the high 
seat of authority. And again, when Lamartine and his philoso- 
phical compeers hurled Louis Phillippe, in turn, from the throne, 
he celebrated the event with his fellow-citizens assembled at the 
capital of his country. He addressed them. Lie briefly reviewed 
the conditions of the governments beyond the Atlantic, the efforts 
of the peojDle to establish freedom, and rear a regenerated gov- 
ernment on the platform of equality and justice, in such a form 
as would most conduce to their happiness and safety. He traced 
the revolutions all over the continent to their sources — to the 
abuses and oj^pressions which for centuries had been engrafting 
themselves upon those governments. And the origin of the move- 
ments of 1848, he traced to the avowal by the Pope of his attach- 
ment to free principles. 

" One of the strangest events," said he, "in this day of great 
events, is the origin of these movements in favor of liberty upon 
the continent of Europe. Whence come they ? From the Eternal 
City — from the head of the Catholic religion — the successor of St. 
Peter. Immediately on his elevation to the pontificate, the Pope 
avowed his attachment to free principles, and from the Vatican 
w-eiit out the decree which is now spreading through the earth. The 
pontiff who holds the keys of St. Peter, has found a key to unlock 
the recesses of the human heart. His moral courage was but the | 
more tried by the difficulties of his position. The abuses of the J 
government were the work of ages, and had entered into all " 
the habits of life and the ramifications of society; and he was 



1 



OF LEWIS CASS. 639 

snrrouEded by despotic governments, jealous of the first aspirations 
of liberty, and maintaining their sway by powerful armies. The 
Austrian, too, with his Pandours and his Croats from the banks of 
the Danube, had descended the ridges of the Alps, and had spread 
himself over the sunny plains of Italy, Almost in sight of the 
dome of St. Peter's, he watched, with interest and with many a 
threatening word, the progress of the Pope. But the work went 
on. Kaples is in a state of revolution ; Tuscany and Sardinia in 
a state of reform; and France of apparently peaceful progress in 
the new career opened to her." 

He also supported and voted for the resolution introduced, ten- 
dering the congratulations of Congress, in the name of the Ameri- 
can peoj)le, to the people of France upon their successful efFoi-ts 
to consolidate the principles of liberty in a republican form of 
government. 

The same desire to spread the doctrines of republicanism, and 
give a word of encouragement to the patriotic reformers of Europe, 
prompted General Cass to support the proposition to send a min- 
ister to the Papal States. There M'as another consideration: the 
United States had commercial relations with those States, and 
many of our citizens resided there ; the protection of these inter- 
ests, argued the General, required that our government should be 
represented in this new capacity. 

Again ; when the gallant people of oppressed Hungary rose 
against their rulers, and in an organized combination made one 
mighty and vigorous efibrt to shake off Austrian domination, and 
regain their long-lost constitutional rights and religious privileges, 
General Cass' /heart was with them, and his voice was heard cheer- 
ing them on in their holy M^ork. To him the opportunity seemed 
a proper and a favorable one to offer, by one strong act of national 
legislation, the condolence of a great and j)owerful j^eople to the 
bravery of the oppressed, and their indignation against the cruel- 
ties and barbarities of the hoary and tyrannical oppressor. With 
these emotions, on the 24h of December, 1S49, he offered for the con- 
sideration of the Senate a resolution instructing the Committee on 
Foreign Kelations to inquire into the expediency of suspending 
diplomatic relations with Austria. It was, indeed, a bold measure, 
but such as a patriot would wish to see adopted. He suppoited 
the proposition with a manly speech, and summoned the patriot- 
ism of the Senate to its duty. 



640 LIFE AXD TIMES 

In the course of his remarks we observe the following : 

" But, sir, while I maintain that the cessation of diplomatic 
intercourse with Austria would give the government of that 
country no just cause of offense, I do not seek to deny or conceal 
that the motives for the adoption of this measure will be unaccept- 
able and peculiarly obnoxious to the feelings of a power prover- 
bially haughty in the days of its prosperity, and rendered more 
susceptible by recent events, which have destroyed much of its 
ancient prestige, and compelled it to call for Russian aid in the 
perilous circumstances where the noble efibrts of Hungary to assert 
her just rights had placed the oppressor. On the contrary, the 
course I propose would lose half its value were any doubts to rest 
upon the motives that dictate it. 

"And certainly, were they not open to the day, I should not 
look for that cordial approbation which I now anticipate from the 
American people for this first efibrt to rebuke, by public opinion 
expressed through an established government, in the name of a 
great republic, atrocious acts of despotism, by which human 
liberty and life liave been sacrificed under circumstances of auda- 
cious contempt for the rights of mankind and the sentiments of 
the civilized world, without a parallel even in this age of warfare 
between the oppressors and the oppressed. I say this first effort, 
for, though the principle of jDublic disapprobation in situations 
not very dissimilar may be traced in the proceedings of at least 
one of the representative bodies of Europe, I do not recollect that 
any formal act has been adopted rendering the censure more sig- 
nal and enduring. If we take the first step in this noble cause, 
where physical force with its flagitious abuse, if not conquered, 
may be ultimately restrained by moral considerations, we shall 
add to the value of the lesson of 1776, already so important to the 
world, and destined to become far more so by furnishing one 
guarantee the more for the preservation of human rights where 
they exist, and for their recovery where they are lost. 

" Mr. President, I do not mistake the true position of my coun- 
try, nor do I seek to exaggerate her importance by these sugges- 
tions. I am perfectly aware that whatever we may do or eay, the 
immediate march of Austria will be onward in the course of des- 
potism, with a step feebler or firmer as resistance may appear 
near or remote, till she is staved bv one of those upheavings of the 



OF LEWIS CASS. 641 

people, which is as sure to come as that man longs for freedom, 
and longs to strike the blow which shall make it his. 

" Pride is blind, and power tenacious ; and Austrian pride and 
power, though they may quail before the signs of the times — before 
harricades and fraternization., by which streets are made fort- 
resses and armies revolutionists, new and mighty engines in popu- 
lar warfare — will hold out in their citadel till the last extremity. 
But many old things are passing away; and Austrian despotism 
will pass away in its turn. Its bulwarks will be shaken by the 
rushing of mighty winds — by the voice of the world, wherever its 
indignant expression is not restrained by the kindred sympathies 
of arbitrary power." 

He asked that the senators of the United States, from their hio-h 
places of government, might reflect the true sentiments of their 
fellow-citizens, and express, in an effective form, their sympathy 
for struggling millions, seeking, in circumstances of peril and op- 
pression, that liberty which was given them by God, but wrested 
from them by man. This sentiment is beautifully and powerfully 
portrayed in the following extract : 

" Here is an empire of freemen, separated by the broad Atlantic 
from the contests of force and oppression, which seem to succeed 
each other like the waves of the ocean in the mightv changfes 
going on in Europe — twenty millions of people enjoying a mea- 
sure of prosperity which God, in his providence, has granted to 
no other nation of the earth. With no interest to warp their 
judgment ; with neither prejudice nor animosity to excite them ; 
and with a public opinion as free as the air they breathe, they can 
survey these events as dispassionately as is compatible with that 
natural sympathy for the oppressed which is implanted in the 
human breast. Think you not, sir, that their voice, sent from 
these distant shores, would cheer the unfortunate onward in their 
work — would encourage them while bearing their evils to bear 
them bravely as men who hope — and when driven to resist by a 
pressure no longer to be borne, to exert themselves as men who 
peril all upon the effort? But where no demonstration of interest 
on the part of a government is called for by circumstances, a 
sound public opinion is ready to proclaim its sentiments, and no 
reserve is imposed upon their expression. It is common to this 
country, and to every country where liberal institutions prevail; 
and it is as powerful and as powerfully exerted in France and in 
41 



642 LIFE AND TIMES 

England as in the United States. Its effects may not be imme- 
diate or immediately visible ; but they are sure to come, and to 
come in power. Its voice is louder than the booming of cannon ; 
and it is heard on the very confines of civilization. Our Declara- 
tion of Independence has laid the foundation of mightier changes 
in the world than any event since the spirit of the Crusades pre- 
cipitated Europe upon Asia with zealous but mistaken views of 
religious duty," 
^ This speech reached the banished patriots of Hungary ; and 

Kossuth, in his exile at Kutalya, (Asia Minor,) in a letter to Gene- 
ral Cass, under date of May 25th, 1850, thus utters the deep joy 
of his heart : 

" It is not a coward lamentation that makes me say all this, 
'^ General, but the lively sense of gratitude and thankful acknowl- 
edgments for your generous sympathy. I wanted to sketch the 
darkness of my destiny, that you might feel what benefit must 
have been to me your beam of light, by which 3'ou, from the 
capital of free America, have brightened my night. It was in 
Broussa, General, that the notice of your imposing speech reached 
me ; in yonder Broussa where Hannibal bewailed his country's 
mischief, and foretold the fall of its oppressors. 

******* 
"Yes, General, your powerful speech was not only the inspira- 
tion of sympathy for unmerited misfortune, so natural to noble, 
feeling hearts; it was the revelation of the justice of God — it 
was a leaf from the book of Fate, unveiled to the world. On that 
day. General, you were sitting, in the name of mankind, in tribunal, 
passing judgment on despotism and the desjDots of the world ; 
and as sure as the God of justice lives, your verdict will be 
accomplished," 

On another occasion his heart was warm for the sufferings of 

"^ poor Ireland. When famine stalked abroad over this gem of the 

sea, and disease was busy in the work of death ; when her people 

. cried^for bread, and, without resources, laid down and died from 

/ the cravings of hunger. General Cass came to their aid, and gave 

them the benefit of his eloquence and influence in the Senate of 

the United States. This secured the adoption by that body of a 

bill autliorizing the President to purchase such provisions as he 

might consider suitable, and to cause the same to be transported, 



OF LEWIS CASS. 643 

and tendered to the government of Great Britain in the name of 
the United States, for the relief of the people of Ireland and Scot- 
land from famine, and appropriating the munificent sum of five 
hundred thousand dollars to carry into effect the provisions of 
the bill. 

He was aware that many of his political friends in the Senate 
had doubts as to the constitutional power of Congress to pass / 
such a bill, yet he gave it his uncpialified sujjport. In speaking ^ 
for the sufferings of Ireland's oppressed children — her strong 
claims for sympathy — the advantages we have enjoyed by the 
immigration of her industrious, tree-hearted sons, who have added 
to our numbers, and increased the elements of our power and 
prosperity, he remarked : 

"As one member of this body, I feel obliged to the senator from [_ 
Kentucky for the motion he has submitted and for the appropri- 
ate remarks with which he introduced it. He has expressed my 
sentiments, but with an eloquence peculiarly his own. While 
physical want is unknown in our country, the angel of death is 
striking down the famishing population of Europe, and especially 
the suffering people of Ireland. The accounts which reach us 
from that country, indicate a state of distress, in extent and de 
gree far exceeding any previous experience in modern times. It 
is a case beyond the reach of private charity ; its fountains are 
drying up before the magnitude of the evil ; it is a national ca- 
lamity, and calls for national contribution. The starving millions 
have no Egypt ' where they can go and buy corn, that they may 
live and not die.' From our granary of abundance let us pour 
forth supplies. Ireland has strong claims upon the sympathy of 
the United States. There are few of our citizens who have not 
Irish blood in their veins. That country has sent out a large 
portion of the emigrants who have added numbers to our popula- 
tion, industry and enterprise to our capital, and the other elements 
of power and prosperity which are doing that mighty work from 
the Atlantic to the Pacific that is already exciting the admiration 
of the Old World, and will stimulate, by its example, the exertions 
of the Xew. Our population of Irish descent have fought the bat- 
tles of the country with as much zeal and bravery as any class of citi- 
zens; and from the Hights of Abraham, where Montgomery fell, to 
the walls of Monterey, their blood has been poured out like water 
in defense of liberty. 



A 



6M LIFE AKD TIMES 

"We can now send to Ireland, not indeed what she has sent lis, 
her children — those we can not pr.rt with — but food for their rela- 
tions, our friends upon whom the hand of God is heavily laid. In 
a petition presented yesterday by the senator from New York, was 
a suggestion which I am gratified to find embodied in the bill 
reported by the senator from Kentucky, and which I should be 
happy to see carried into effect: to employ in the transportation 
of provisions such of the armed ships of the United States as are 
not required for the operations of the war. It would be a beauti- 
ful tribute to the advancing spirit of the age. The messenger of 
death would thus become a messenger of life ; the agents of de- 
struction, agents of preservation ; and our eagle, which has flown 
above them, and carried our arms to the very coast of Ireland, 
would then become the signal of hope where it has been the signal 
of defiance. I shall lend the bill my support with pleasure." 

While the bill was under debate, Mr. Mason, of Virginia, moved 
to change its character, so as to make it authorize the free trans- 
portation of food to Ireland in national vessels, instead of being 
a direct grant of money for the purchase and transportation of 
provisions. General Cass voted against this amendment, moved 
by his political and personal friend. He preferred that the meas- 
ure should be a direct grant of money for relief purposes. The 
final vote on the passage of the bill was taken on the twenty- 
seventh of February, 1847, and General Cass voted for the bill, 
as he declared he should do when it was first introduced before 
the Senate. 

General Cass gave a willing support to the leading measures of 
Mr. Polk's administration. He did so, because they accorded 
with his own opinions of what the good of the country required. 
He advocated and voted for the constitutional treasury, to enable 
the government to be its own banker — to collect, keep, and dis- 
burse its own moneys, without inflation of the currency, and free 
from the fear of and losses incidental to bankruptcy. He believed 
the measure expedient ; and also that it was the only way of 
managing the public finances recognized in the Constitution. 

He was opposed, upon principle, to a protective tarifl". He 
believed it to be unequal in its operations, and unnecessarily 
oppressive to large portions of our people. It was class legisla- 
tion, favoring the few at the expense of the many. His vote, 



OF LEWIS CASS. 645 

con sequent! J, stands recorded against tlie tariff of 1842, and in 
favor of that passed in 1846, and which is still in full force. 

He supported the bill to enable the President to take temporary 
military possession of Yucatan. The correspondence between the 
Secretary of State and the commissioner from that country, was 
laid before the Senate in May, 1848. From that, it appeared 
that the blacks and the Indians had murdered the white popula- 
tion, burnt and sacked the towns, and the people of that country 
solicited relief Subsequently, the Committee on Foreign Affairs 
reported a bill for that purpose. Yucatan bad also sought pro- 
tection from England and Spain. This circumstance furnished an 
additional reason to induce General Cass to give the bill his sup- 
port. The interference in the domestic affairs of a neighboring 
country, contemplated by this bill, was an important step in the 
policy of preventing any foreign government from planting its 
standard on this continent. We quote what he says on this point: 
"During the palmy days of Napoleon, it is said that one of his 
projects was to convert the Mediterranean into a French lake. 
England has nearly done what defied the power and ambition of 
the great conqueror. She has almost converted it into an English 
lake in time of war. Gibraltar commands its entrance, Malta the 
channel between Sicily and Africa, and the Ionian Islands the 
waters of the Levant. There were good reasons for believing, a 
short time since, that England was seeking to obtain a cession of 
the island of Crete, the ancient kingdom of Minos, which would 
give her the port of Canea — that I found one of the most magni- 
ficent harbors in the world, equally capacious and secure. If 
England, in the pursuit of the same system, should acquire similar 
commanding positions on the Gulf of Mexico, that great reservoir 
would become a mare clausum^ and no keel would plow it, nor 
canvass whiten it, in time of war, but by her permission. ISTow, 
sir, looking to the extent of our coast in that direction — to the 
productions which must pass there to seek a market — to the nature 
of our population — and to the effect upon all these, which a per- 
manent naval superiority would produce — where is the American 
who is not prepared to adopt any measures to avert such a calam- 
itous state of things? Who can fail to see the nature of the pred- 
atory warfare which England would carry on, in all times of 
hostilities, from her various positions, which would encircle the 
Gulf from the Bahamas to Cuba and to Yucatan? and who, also, 



64:Q LIFE AXD TIMES 

can fail to see that, even in time of peace, her many harbors "vronld 
become places of refuge for a certain class of our population, and 
that perpetual collisions would occur, involving the peace of the 
two countries? 

"The Gulf of Mexico, sir, must be practically an American lake, 
for the great purpose of security; not to exclude other nations 
from its enjoyment, but to prevent any dominant power, with 
foreign or remote interests, from controlling its navigation. It 
becomes us to look our difficulties in the face. Nothing is gained 
by blinking a great question. Prudent statesmen should survey 
it, and, as far as may be, provide for it. We have, indeed, no 
Mount Carmel, like that of Juclea, nor prophet to ascend it and 
to warn ns against a coming storm, but the home of every citizen 
is a Mount Carmel for us, whence he can survey the approaching 
cloud, even M-hen no bigger than a man's hand, which threatens 
to overspread the political atmosphere, and to burst in danger 
upon his country. It should be a cardinal principle in our policy, 
never to be lost sight of, that the command of the Gulf of Mexico 
must never pass into foreign hands. Its great geographical fea- 
tures indicate at once our safety and our danger. From the 
southern point of Florida to Yucatan, the chord of the arc does not 
probably exceed two hundred and fifty miles — a shorter distance 
than that from Yucatan to Vera Cruz. From the southern point 
of Florida to Cuba, it is not more than forty miles; and from the 
western extremity of Cuba to the peninsula of Yucatan, it is not 
more than sixty miles. These two outlets — the latter into the 
Caribbean sea, and the former into the Atlantic ocean — do not, 
therefore, exceed one hundred miles in their united width, and 
together make the exit and entrance of the Gulf Opposite the 
mouth of the Mississippi is the noble harbor of Havana, almost 
within sight of which the whole commerce of the Gulf passes. 
England has already got the Bahama Islands, with the port of 
Nassau, and other positions. So long as Cuba and Yucatan are 
held by their present possessors, neither we nor the commercial 
world have anything to fear from English projects, whatever they 
may be. But let their dominion be transferred to England, and 
where are we? The mouth of our great river might, at any time, 
be hermetically sealed, and the most disastrous injuries inflicted 
upon us. One important step, in the command of the outlet of 
the Gulf of Mexico, she has already taken, by the possession of 



OF LEWIS CASS. 647 

the Bahamas, If she gets peaceable possession of Yucatan, by our 
remissness, she will have taken the second. Cuba may be the 
last. I will ask the distinguished senator from South Carolina if 
he would advocate the interference of this country, by force, if 
England were attempting by force to take possession of Yucatan ; 
and, if lie would — as I believe he would — how can he consent to 
pehnit her to do peacefully what we may peacefully prevent? I 
have already, sir, alluded to the effects which steam navigation is 
to produce upon the commercial and military marine of the world; 
and the various harbors and inlets of these possessions would be 
rendezvous whence armed steam vessels would issue to prey upon 
our commerce, to close the great channels of communication, or 
to carry on marauding expeditions against our coast." 



648 



LIFE AND TIMES 



CHAPTER XXXVIII. 

The Baltimore Couventlon of 18i8 — The New York DiffiLnilties — General Cass again named for the 
Prosiilcucy — Ilis Nomination — Kesigns his Senatorshiii — The Canvass before the People— The 
Buflalo Convention— The Clay Letter of 1825— The Kcsult. 

As tLe time drew near for another Presidential election, the 
National Democratic Committee, in pursuance of usage, desig- 
nated the twenty-second of May, 1848, at Baltimore, as the time 
and place for the holding of the Democratic convention. Demo- 
cratic politicians, in all the States, began the incipient movements 
for the campaign ; Democratic presses began to fill the newspapers 
with columns of editorial matter relative to the nominee, on the 
question of preference ; primary assemblages, composed of persons 
who adhered with tenacity to the political tenets of Jefferson and 
Jackson, canvassed the merits and demerits of the prominent men 
suggested for the Presidenc}", and, by resolve, indicated, in many 
instances, their preferences ; States were delegated, with and with- 
out instruction as to their vote in the convention. In all, save 
one, the party was a unit on the delegates selected, and evinced a 
willingness to abide by their action. This exception was the 
Empire State of New York. 

In the State of New York there were two party organizations, 
each professing to be regular, and claiming the right to speak for 
all the Democracy within the limits of the commonwealth. This 
double-headed organization had its origin in domestic difficulties, 
which occurred in October, 1847. A State convention convened 
in the city of Syracuse in the latter part of September in that year, 
extending its deliberations into the following month. The con- 
vention was called to nominate candidates for State officers, and 
the delegates to it were acrimoniously contested in nearly every 
county. In many instances dissatisfaction was openly proclaimed ; 
and, on the organization of the convention at Syracuse, there 
appeared many contestants for seats in that body. The adjust- 
ment of these difficulties consumed much time, and produced 
great acerbity of feeling among the members and a numerous 
and excited lobby. 



OF LEWIS CASS. 649 

Finally, the convention, in due order of business, reached the 
resolutions. Not two months before, Mr. Wilmot had offered his 
celebrated proviso in Congress. Several of the Democratic mem- 
bers of Congress from New York had voted for that proviso, 
and many of these gentlemen now had seats in this convention. 
Naturally enough, they wished the convention to endorse their 
congressional action, and declared, in unmistakable language, 
that the jproviso must thereafter be the chief corner stone in all 
Democratic platforms. Several delegates interposed their objec- 
tions, and declared, in as unmistakable language, that they could 
not, consistently with their political antecedents, consent to any 
new platform on the subject of slavery, and deprecated in their 
speeches any incipient steps in relation thereto. 

The debate resulted in a motion to lay the proviso on the table, 
which was carried, on a division by ayes and noes, and the con- 
vention adjourned sine die^ amid much noise and confusion. 

The provisoists in a few days assembled in mass convention, 
in the village of Herkimer, and resolved that they were against 
the introduction of slavery into any new territory, and that Mr. 
Wilmot was right, and that, thereafter, the doctrine contained in 
his amendment would be regarded by them as of vital importance 
in all party movements. They also resolved that the decision of 
the then late Syracuse convention on contested seats was all wrong; 
that the action of the convention was not obligatory upon Demo- 
crats ; and, by solemn resolve, repudiated the nominated ticket of 
State officers. On the contrary, those members of the convention 
who constituted the majority, returned to their several homes, and 
gave the ticket their usual cordial support. 

Here, then, were two party organizations — both professedly 
within the lines of the same part}^, and each claiming the right to 
act for New York with the Democratic party of the nation. 

Public opinion, as indicated in the various State conventions, 
pointed to General Cass, and gradually but steadily settled upon 
him as the Democratic candidate for the Presidency. The nu- 
merous manifestations of public feeling evidenced the fact that he 
was the ftivorite candidate of the Democracy of a majority of the 
States, and of the Democratic party within those respective States. 
Indeed, all over the Union, excepting those States having a distin- 
guished citizen of their own aspiring for the Presidency, public sen- 
timent pointed to him. Endowed by nature with great physical 



650 LIFE AND TIMES 

and mental energy, and the latter liiglily cultivated by science 
and experience ; trusted with official power and responsibility by 
Jefferson, Madison, Monroe, Jackson, and Van Buren, and honored 
with the confidence of Polk, he had shown himself worthy and 
competent to tread in the footsteps of these distinguished states- 
men. In his views on the Oregon question, on the slavery ques- 
tion, on the tariff, currency, annexation of territory, and foreign 
interference, he looked upon the entire country as alike interested, 
and, in acting upon them, he was governed by what, in his judg- 
ment, seemed most beneficial to all. Many of the eminent states- 
men of the country thought it was most fit that such a man should 
be at the head of the government at a tiriie when agitation, party 
spirit, and an unhealthy sentiment on some topics, prevailed to a 
greater or less extent. 

The nominating convention convened at Baltimore on the day 
designated. Andrew Stevenson, of Virginia, was selected to pre- 
side over its deliberations. As was anticipated, two sets of dele- 
gates appeared, with credentials in their hands, from New York. 
After an elaborate discussion, running through three days, the 
convention ruled to admit both delegations, with the right to cast, 
altogether, the vote of New York. The delegation known as 
Barnburners protested against this decision, and retired from the 
convention. The delegation known as Plunkers, remained, but 
declined to cast the vote of the State. The former were under- 
stood to be opposed to the nomination of General Cass ; the latter, 
in his favor. 

The primitive cause of the double-headed organization above 
alluded to, dates back to an anterior period. It had its origin in 
the winter of 1838, when Mr. Van Buren — then President of the 
United States — broached the financial measure of an independent 
treasury. A portion of the Democracy of New York at first 
disapproved of it, and were known in political nomenclature as 
Oonservatives, But a short period of time intervened, however, 
before this cognomen was mero;ed a^ain in the word Democratic, 
and the Conservatives as well as the Hard Currency Men again 
shared victory and defeat. The Democratic party of the State 
passed into a minority for a brief season, and, upon restoration to 
place and power, once more divided ; but the division this time 
was upon the financial policy of the State. This diversity of 
opinion strengthened at the capital, and gradually spread its 



OF LEWIS CASS. 651 

influence in all parts of the empire commouwealtli. At lengtli, 
in 1843, this diversity of sentiment widened, so as to embrace the 
national question of the annexation of Texas ; and then, in a 
modified form, the immediate annexation to the United States of 
air the country known as Texas, as far south as the Rio Grande. 
William L. Marcy was the recognized leader of those who were in 
favor of annexation, and Silas Wright of those who were disposed 
" to wait a time in patience." In the meantime, Mr. Yan Buren — 
a prominent candidate for the Presidency — was interrogated as to 
his views upon this, then the great political question of the day, 
and such was his response that the national Democratic Conven- 
tion of 1814: set him aside for James K. Polk, of Tennessee, as the 
reader already has been apprised. Immediately upon the ad- 
journment of this national convention, a circular — commonly 
known as the Secret Circular — emanated from several gentlemen 
supposed to be privy to the confidential views of Mr. Yan Buren, 
and circulated among prominent Democrats in the State of JS^ew 
York, who were supposed to be imbued with similar views, sug- 
gesting the j)ropriety of giving particular attention to the Con- 
gressional canvass that was to occur simultaneously with the 
Presidential, leaving an impression upon the minds of those who 
were in favor of annexation, that the design was to let the electoral 
ticket float without chart or compass. 

As was quite natural, those who were content with the final 
action of the National Convention, were somewhat alarmed at 
this unlooked for and unprecedented proceeding. They redoubled 
their energies for the success of the Presidential ticket, and Mr. 
Wright was nominated for the office of Governor, and triumph- 
antly elected. His majority was some five thousand higher than 
that cast for the electoral ticket; this discrepancy confirmed the 
suspicion on the part of the Annexationists, that all the friends of 
Mr. Wrio-ht had not cast their suffrao-es for Mr. Polk. 

CD Cj 

As the day approached for the inauguration of Mr. Polk, in 
March, 1815, much interest was felt in the caste of the Cabinet. 
Inasmnch as New York had cast her electoral votes — then thirty- 
six in number — for the successful candidate, it was taken for 
granted that she would be honored with a seat. Governor Marcy 
was named by the Annexationists, and Asariah C. Flagg by the 
personal friends of Governor Wright. After an animated strug- 
gle, Governor Marcy was invited to the War Department. Under 



652 



LIFE AND TIMES 



the circumstances, this selection seemed very obnoxious to the 
supporters of his competitor, and much murmuring ensued. This 
dissatisfaction, nevertheless, was more or less held in abeyance 
until the close of the year 1846, when, upon the retirement of 
Governor Wright from the gubernatorial chair, the pent-up feeling 
burst the barriers of prudence, and crimination and recrimination 
M^ere freely indulged by all grades and classes. Congressional 
appropriations to conquer a peace with Mexico occasioned the 
introduction of the Wihnot proviso, and the Wibnot proviso rup- 
tured the harmony of the Democratic party in New York, and 
finally rent it in twain. Pari passu with the progress of the 
events above referred to, there were numerous intrigues and 
schemes for personal advancement among the leaders and the led 
on all sides, the details of which we omit to elucidate. 

To recur to the convention. In conformity to precedent, the 
two third rule was adopted, and the convention proceeded to take 
a ballot for the nominee. The result of the first ballot was 
announced as follows: 

Lewis Cass, of Michigan, one hundred and twenty-five votes; 

James Buchanan, of Pennsylvania, fifty-five votes; 

Levi "Woodbury, of ISTew Hampshire, fifty-three votes; 

John C. Calhoun, of South Carolina, nine votes; 

William J. Worth, of the United States Army, six votes; 

George M. Dallas, of Pennsylvania, three votes. (Florida and 
New York not voting.) 

The whole number of votes cast on this ballot was therefore two 
hundred and fifty-one; and the necessary number for a choice was 
one hundred and sixty-seven. No one having received this num- 
ber, a second ballot was taken, and announced as follows: 

Cass, one hundred and thirty-three votes; 

Woodbury, fifty-six votes; 

Buchanan, fifty-four votes; 

AYorth, five votes; 

Dallas, three votes. (Florida and New York not voting.) 

No one receiving two thirds of the votes cast, the convention 
proceeded to a third ballot, with the following result : 

Cass, one hundred and fifty-six votes; 

Woodbury, fifty-three votes; 

Buchanan, forty votes; 

Worth, five votes. (New York not voting.) 



OF LEWIS CASS. 653 

The necessary number (Florida having voted) was one hundred 
and sixty-nine. The States w'ere again called, and on the fourth 
balloting the following result was attained : 

Cass, one hundred and seventy-nine votes; 

"Woodbury, thirty-eight votes; 

Buchanan, thirty-three votes; 

Butler, three votes; 

Worth, one vote, (New York not voting) — in all two hundred 
and tifty-four votes. General Cass had received two thirds and 
ten to spare, and was declared the nominee of the convention for 
President of the United States. This was received with enthusi- 
astic applause, the members of the several delegations almost 
instantaneously and universally springing to their feet, and uniting 
in one spirit-stirring shout of approbation. 

William O. Butler, of Kentucky, was nominated for Yice-Presi- 
dent; and, with the adoption of resolutions and the ordinary busi- 
ness of a nominating convention, the members separated for their 
homes, full of confidence and strong in the expectation of victory. 

Mr. Stevenson, the president of the convention, on taking leave 
of it, took occasion to pay the following tribute to the character 
and capacity of their nominee for President : 

" I congratulate you," said he, " and the country upon the issue 
of your deliberations. I rejoice that you have done that which I 
knew you would do — honored yourselves, honored the party, hon- 
ored the country, by presenting tM'o candidates worthy — most 
worthy — to fill these high and distinguished stations. Gentlemen, 
you have discharged that duty. With one of these nominees I 
have been intimate from early life. I know him well. I have 
observed him at home and abroad, and I can say, unhesitatingly, 
that if there be one man of stainless character — if there be one 
man whose claims to public confidence are founded upon private 
virtue, that man is Lewis Cass." 

General Cass was notified of his nomination at Washington, 
where he then was, and, with grateful appreciation of the partial- 
ity and confidence of the convention, accepted it in a handsomely 
written letter, and in which he took occasion to express his unre- 
served approval of the resolutions which the convention had 
adopted. 

On accepting this nomination. General Cass resigned his seat 
in the Senate, and retired to his residence at Detroit. His route 



^ 



634 ' LIFE AND TIMES 

homeward was a continued scene of welcome. In all the principal 
towns through which he passed he was received with every mani- 
festation of respect. Congratulatory addresses were made to him, 
and the Democracy everywhere proclaimed their approval of the 
nomination, so ftir as j^ublic expression was given. 

In a few days, the Whig National Convention met in Philadel- 
phia, and, casting aside all their favorite statesmen, nominated 
General Zachary Taylor for the office of President — taking him 
up on the score of availability. His military successes on the Eio 
Grande, before the walls of Monterey, and on the plain of Buena 
Vista, were his recommendations. These startling achievements 
had won for him a high place in the affections of the people, and 
his friends had brought him forward at an early day. Letters 
reached him, one after the other, in Mexico, asking him to declare 
himself a candidate for the Presidency. To these letters it was 
his wont to reply, that he was ready to receive the votes of all, 
without distinction of party, who were disposed to sustain him. 
He declared tliat he had no particular politics, and had not been 
in the habit of availing himself of the right of suffrage. He did 
not appear to desire the nomination of either of the political par- 
ties, but was willing to receive the support of all at the polls. 
Efforts were made to commit him to the support of certain politi- 
cal dogmas, and, if elected, to a pledge to adhere to them in his 
administration ; but without avail. He expressed his unalterable 
determination to stand upon the no-party platform. And thus he 
remained to the moment of his nomination by the Philadelphia 
convention; and that convention adjourned without any declara- 
tion of principles for the public eye. This action— so peculiar 
and novel for a delegated political body — gave umbrage to many 
of the staunch, and intelligent, and influential Whigs, in various 
quarters. Some of them went so far as to repudiate the nomina- 
tion openly, and, without stint, to express their abhorrence at this 
imexpected result of the deliberations of the convention. 

In the meantime, the Barnburners of New York called and held 
a delegated convention at the city of Utica; and inasmuch as the 
Baltimore Convention had precluded them from casting the undi- 
vided vote of their State in that convention, they resolved to 
oppose the nominees in the canvass, and designated Martin Yan 
Bnren as the man for whom they should vote for the office of 
President. The evident disaffection prevailing among the Whigs 



OF LEWIS CASS. OOD 

encouraged and emboldened them in tlieir efiforts. That class of 
citizens at the jSTortli, who had been known in the political M-orld 
as Abolitionists, believed that they might fraternize with the 
Barnburners and disaffected Whigs, throughout the northern 
and north-western States; and if a combination could be made, 
a choice of President and Yice-President in the electoral colleges 
might be prevented, and the election of these high officers be 
transferred to the House of Representatives. A plan was soon 
devised to bring all these conflicting elements into a consolidated 
policy of action, and a mass convention assembled at the city of 
Buffalo, in the month of August, for the purpose of achieving this 
result. 

There were a large number in attendance from the States 
of Massachusetts, New York, and Ohio. Other northern and 
north-western States were represented by smaller delegations. 
The deliberations extended through three days, and resulted in 
an agreement to support Mr. Yan Buren for the office of Presi- 
dent, and Charles F. Adams, of Boston, for Yice-President, This 
latter gentleman was a son of John Quincy Adams, and in attend- 
ance on the convention. Both himself and Mr. Yan Buren "^ 
accepted the nomination; and their supporters, with the platform 
oi free soil^ free speech^ and free men^ worked with energy to 
draw off voters from the Democratic and Whig parties. 

The acceptance of this nomination, from such a constituency, 
by Mr. Yan Buren, surprised and mortified thousands of his old 
friends and partizans, and occasioned much unpleasant crimina 
tion and recrimination. Many of them insisted that his conduct 
was only reconcilable with the supposition, that, since 1844, he had 
nurtured in his. bosom, in the peaceful quietude of Lindenwald, 
a deep resentment against the Democratic party, and re- 
sorted to this mode of gratifying it, in the hope that the defeat 
of that party in this struggle would be inevitably permanent. 
What rendered his course more reprehensible than it otherwise 
would have been, was the fact, that the doctrines in regard to 
slavery, promulgated by the convention that nominated General 
Cass, were identical with those adopted by the convention of 
1840, which nominated Mr. Yan Buren; and that the resolutions' 
of the last named convention were drawn by Silas Wright, and, 
as was generally understood, examined and approved by Mr. 
Yan Buren prior to their adoption by the convention. The late 



656 LIFE AND TIMES 

Governor Hill, of New Hampshire, stated iu a letter, that Mr. 
Yan Buren not only approved of the resolutions referred to, but 
suggested that the resolution relating to slavery should be pointed 
and unequivocal; and that, upon his suggestion, the concluding 
clause of that resolution was added to the draft, namely: "That 
all efforts of the Abolitionists or others, made to induce Congress 
to interfere with questions of slavery, or to take incipient stejjs in 
relation thereto, are calculated to lead to the most alarming and 
dangerous consequences; and that all such efforts have an inevi- 
table tendency to diminish the hajDpiness of the peo23le, and 
endanger the stability and j)ermanency of the Union, and ought 
not to be countenanced by any friend of our political institutions." 

The Democratic platforms of 1840— of 1844— of 1848— were iden- 
tical on all questions relating to slavery. With reference to its 
extension or non-extension, on what should be the policy w^ith 
reference to the government of new territories that might be 
acquired, nothing was said. That subject was still open for con- 
sideration. 

The action of the Buffalo Convention completed the programme 
of the Presidential campaign of 1848. Tliere were three tickets 
in the field : Cass and Butler, Democratic — Taylor and Fillmore, 
Whig — Van Buren and Adams, Free Soil. As the canvass pro- 
gressed, it became very personal. Partizan spirit was intensely 
excited: the Whigs, generally, in the northern States, really did 
not care so much for the election of their nominated candidates 
as they did for the defeat of General Cass. The free-soilers pre- 
ferred the defeat of Mr. Yan Buren to the success of the Demo- 
cratic candidate ; and thus, in effect. General Cass was at all 
times and on all occasions the main point of attack. His political 
opinions were misrepresented — his private character was maligned 
in every manner that could be divined by vigilant and skillful 
politicians. The rubbish of times long gone by M'ere raked up 
to see if something could not be discovered to be used as a make- 
weight against him. True, he had served his government for full 
forty years, and during that time had disbursed hundreds of thou- 
sands of dollars for the government. [But it came out upon the 
call of Congress and the consequent report of the Treasury Depart- 
ment, that his accounts were balanced, and that he did not owe 
the United States one cent.] True, when Henry Clay — the intre- 
pid champion of the war measures of Mr. Madison, whose patriotic 



OF LEWIS CASS. 657 

services are written upon the history of onr country, and whose 
memory is impressed upon the hearts of his countrymen — was 
elevated to the premiership of Mr. John Quincy Adams' admin- 
istration, General Cass wrote him a letter congratulating him on 
his personal advancement; but not a blot upon the bright pages 
of his own political history could be found. His record was clean. 
Of a patriotic and democratic ancestry, he had not dishonored it; 
but in all his actions, private or public, personal or political, he 
stood on an eminence too high to be reached by the shafts of envy 
or malevolence. 

The Democrats of the whole country were alive to their duty. 
The efforts of the opposition were too vigorous and tireless for 
them to remain idle. There was not a city, village, or hamlet, 
from the lakes to the Rio Grande, that was not canvassed ; and when 
the DoUs closed, he had no occasion to be ashamed of the result. 
Fifteen States — or .half the entire number — cast their electoral 
vote for Lewis Cass : the remaining fifteen for Zachary Taylor. 
The name of Martin Van Buren does not appear on the returns 
from the electoral colleo;es. The States of New York and Penn- 
sylvania voted for the Whig candidate, and outnumbered the 
Democratic candidate thirty-six electoral votes. The aggregate 
vote of the peopfe amounted to 2,872,000, of wliich General 
Cass received 1,219^^— General Taylor, 1,360,752— Mr. Van 
Buren, 291,342, of ^v^teh 120,000 came from New York— thus 
plainly showing that he diverted a sufficient number of Democratic 
voters from their accustom'ed allegiance to party to turn the scale 
in f;ivor of General Taylor. Taking into consideration the vote 
for Mr. Van Buren, General Cass received a very large 'majority 
of the votes of the, people over General Taylor; but the sixty-two 
electoral votes of New York and Pennsylvania turned the scale, 
and the hero of Buena Vista was, in due time, declared elected 
President of the United States. 

To this decision no one submitted more cheerfully than General 
Cass. He had no regrets. The Democratic party was defeated; 
but the polls told, too plainly to be mistaken, that it was not van- 
quished ; and that its principles, and its distinguished candidate, 
still lived in the hearts of- American freemen. 

The Presidential vote in the electoral colleges, as announced in 
the House of Representatives, stood thus : 
42 



658 LIFE AND TIMES 

For Lewis Cass — 

Maine, nine votes; 

New Hampshire, six votes; 

Virginia, seventeen votes; 

Soutli Carolina, nine votes; 

Ohio, twenty-three votes; 

Indiana, twelve votes; 

Illinois, nine votes; 

Michigan, five votes; 

Wisconsin, four votes; 

Iowa, four votes; 

Missouri, seven votes; 

Mississippi, six votes; 

Alabama, nine votes; 

Texas, four votes; 

Arkansas, three votes; — one hundred and twenty-seven votes. 
For Zachaey Taylok — 

Massachusetts, twelve votes; 

Rhode Island, four votes; 

Connecticut, six votes; 

Vermont, six votes; 

New York, thirty-six votes; 

New Jersey, seven votes; 

Pennsylvania, twenty-six votes' 

Delaware, three votes; 

Maryland, eight votes; 

North Carolina, eleven votes; 

Georgia, ten votes; 

Kentucky, twelve votes; 

Tennessee, thirteen votes; 

Louisiana, six votes; 

Florida, three votes; — one hundred and sixty-three votes. 
The entire north-west — Missouri included — in one unbroken 
column, pronounced for the Democratic nominee — the man who 
had wintered and summered with them, and never deserted their 
interests. His native State, although voting for Mr. Woodbury 
in the nominating convention, did not forget her son at the polls. 
Surely General Cass had no reason to be restless at such a result. 
The Wilmot proviso had done its work. It alone had caused 
the defeat. Upon calm reflection, and in the exercise of dispas- 



OF LEWIS CASS. 659 

sionate judgment, after the smoke and roar of the battle had 
passed awaj, General Cass was better satisfied than ever with his 
position upon tliat exciting topic. He believed that he had not 
abandoned the faith of his lathers, and was still within the pale of 
the Democratic church. It was alleged against him, as for years . 
previously against Mr. Yan Buren, that he was a dough-face on '"" 
the subject of slavery ; but the glorious vote of the old north- 
west territory repudiated the charge. It was urged that his T 
reliance was upon the southern States; but a majority of the slave 
States had voted for his competitor, and a majority of the free 
States had voted for himself. In every aspect, then, as he reviewed 
the field of battle, the position was rightly taken; and all that now 
remained for him to do, was quietly to pursue the even tenor of 
his way, diverging neither to the riglit nor the left, strong in the 
integrity of his own political career, and impressed with an unal- 
terable conviction that the doctrines enunciated by the Baltimore 
Convention were alone compatible with the prosperity of his 
country and the perpetuity of the Union. 

It may not be uninteresting for the reader to know with what 
philosophic coolness General Cass received the result. 

It was about midnight of the day of the Presidential election 
in 1848, that Mr. Ledyard, his son-in-law, handed to the General 
a telegraphic dispatch from an esteemed friend — Wilson McCand- 
less, of Pittsburgh — which gave the returns from Alleghany Co., - 
Pennsylvania. The General, upon reading the dispatch, at once - 
remarked, "that the whole question was settled; the election had 
resulted in favor of General Taylor, and that he was going to 
bed," and he did so, and slept soundly. 

The next morning he was waited upon by a committee of the / 
New England Society of Michigan, and invited to deliver the I 
annual address at its then approaching anniversary. He accej)ted I 
the invitation, and that evening commenced to write what proved / 
to be one of his best literary efibrts. It was a wonderful instance ' 
of philosophical submission to the defeat of his aspirations to the 
highest prize in our political lists. 

He commenced his address before the society on the 22d of 
December, 1848, in the following beautiful style : 

" It was a bleak and sterile coast, and an arctic winter be fan to 
brood over sea and land. Neither man nor his works disturbed 
the solitude of nature. All was dreary, silent and desolate — all, 



660 LIFE AND TIMES 

save a tempest-tossed bark, with its weary inmates, which, two 
hundred and twenty-eight years ago, approached the shore of the 
new continent, then recently made known to the inhabitants of 
the old. For sixty-tliree days, this feeble vessel had plowed the 
ocean, leaving behind it many of the associations dearest to man, 
and many of the intellectual and physical enjoyments which make 
life desirable, and having before it an unknown woi'ld, unknown 
indeed in its great features, but known to be covered with a prim- 
itive forest, stretching beyond human knowledge, and almost 
beyond human imagination, inhabited by fierce and roving sav- 
ages, and offering nothing but to laborious exertion defended by 
constancy and courage. This sterile coast, thus approached, was 
New England ; this tempest-tossed bark was the Mayflower, and 
its passengers were the Pilgrims." 

As liis mind lingered upon the departure of the Pilgrims from 
their father-land, his imagination seized upon their last act on their 
native coast, and pictured the solemn transaction with the colors 
of reality. 

"And now came the embarkation; the first act in the great 
drama of their pilgrimage. The Mayflower, — I pass over the 
history of her consort, as she did not reach America, — the May- 
flower, destined to become their ark across the ocean, was ready 
to receive them at the small port of Delft, in Holland. The little 
colony, male and female, youth, manhood and old age, marched 
in solemn procession to the strand, and here occurred an impres- 
sive scene, one of those incidents which mark the character of 
events, and leaves its impress upon history during all time to 
come. The departing band kneeled down upon the beach, and 
their venerable pastor blessed their enterprise, and commended 
all, with all their interests, to Him who made the sea and land, 
and could save them from the perils of the deep, as he saved his 
chosen people, and guided them in his own miraculous path 
through the waters of the Red sea. 

"And on the strand of the ocean, in that temple not made with 
hands, was the last oftering of the Pilgrims. The old cathedrals 
of Europe are imposing structures, powerfully afiecting the human 
imagination, and j^reparing the human mind for the solemn duties 
of religion. Their dim light, mellowed by the stained glass, 
painted with interesting scenes from biblical story, their lofty- 
arches, their clustered columns, their long aisles, their silence and 



OF LEWIS CASS. 661 

their magnitude, and the centuries that have passed over them, 
with the memory of the numberless host who worshiped there 
and have now gone to their account, all these impress the fac- 
ulties with awe, and while they shut out external nature, they 
invite man to the contemplation of himself and of his relation to 
the Creator. But the shore of the ocean was the cathedral of the 
exiles. They had the blue firmament of heaven, God's own can- 
opy, over them; their altar was the tide-worn beach, where land 
and water had met and contended for mastery since the creation ; 
around them was the coast of Europ6, they were about to leave, 
and the broad Atlantic, they were about to cross, rolling its surges 
upon the strand, and mingling its mighty voice with the voice of 
the preacher ; and between them, their wives and children, and 
the forest of the new world, was nothing but the sky and the 
water, and the wonders of the great deep. And thus they prayed 
and departed." 

He possesses kindly feelings towards his political opponents, 
although strong in his attachment to political friends, and firm 
and ardent in his political faith. Years afterwards, he obtained /^ 
from President Pierce a commission in the army for the grandson 
of General Taylor, who was then in his grave. 



662 LIFE AND TIMES 



CHAPTER XXXIX. 

Re-election to the Senatorship — General Cass proceeds to Washington— Reception in New York City— 
Canipljell P. White and others address liim— Invited to a Public Dinner — His Letter of Declension 
— In the Senate again— Wihuot Proviso— Instructed to vote for it — Declines — Instruction repealed 
— General Cass' Motives impugned — Charged with Inconsistency— The Refutation. 

The Legislature of Michigan, in January, 1849, returned Gen- 
eral Cass to the United States Senate, to fill the vacancy occasioned 
by his resignation. This was in accordance with the general wish 
of the Democratic party in Michigan, and elsewhere, and he 
immediately resumed his seat in that body. 

On his way to Washington in the following autumn, he was 
waited on by many of his fellow-citizens in the city of New York, 
and invited to partake of their hospitality. The following cor- 
respondence was of importance at the time, as disclosing his 
opinions and position on the difficult questions that then presented 
themselves on the horizon, relative to the newly acquired terri- 
tories of ISTew Mexico and California. 

"New York, November 21st, 1849. 

" Hon. Lewis Cass. Sir : — Even amid the fierce contests of 
party, all men have awarded to you the praise and admiration 
due to one who has so highly distinguished himself as the fother 
of the west, a soldier in war, a statesman in peace, an eloquent 
advocate and defender of the honor of his country, both in her 
councils at home and her representation abroad ; and, therefore, 
you can not be surprised to learn that the Democracy of this city, 
whose leader and champion you are, regard you with an aflection 
almost filial. Your arrival in this city afibrds them the long de- 
sired opportunity to testify to you the sincerity of their devotion, 
as ardent now as when they were struggling to crown you with 
the highest honor of the republic. To enable them to do so, we 
respectfully solicit you to name some day when you will partake 
of a public dinner, at which, we are well assured, you will be 
joined by those who can and do appreciate the eminent services 



OF LEWIS CASS. 663 

of one who lias devoted his whole life to the good of his fellow- 
men, and contributed so much to the permanency of the Union, 
the happiness of our people, and the elevation of our national 
character. 

" With sentiments of profound respect, 
" We are, sir, 

" Your Democratic fellow-citizens, 

Campbell P. White, Henry Storms, 

Henry M. Western, Edward Stkahan, 

Jaivies C. Stone all, Lorenzo B. Siiepard, 

C. S. Bogardus, Gustavus A. Conover, 

C. W. Lawrence, Daniel E. Delay an, 

Henry Nicoll, John J. Cisco, 

M. D. French, Daniel E. Sickles, 

John M. Bradhurst, Eobkrt J. Dillon, 

J. W. Bell, James M. Smith, Jr., 

Charles O'Conner, John Aug. Bogart, 
Edward C. West, and many others." 

"New York, November, 26th, 1849. 

" Gentlemen : — I thank you for the honor you have conferred 
on me, by the offer of a public dinner ; and wlyle I decline the 
invitation, which I trust you will excuse me for doing, I can not 
withhold the expression of my feelings for such a testimonial of 
regard from the Democracy of this great city. I shall cherish it 
with ofrateful recollection durina^ life. 

" I thank you, also, for the favorable terms in which you have 
been j)leased to allude to my position and services. These, I am 
very sensible, have few claims to consideration, but such as are 
derived from your kind partiality. An emigrant to the West in 
early youth, the better portion of my life has been passed in that 
great contest with nature in which the forest has given way and 
an empire has arisen,- already among the most magnificent crea- 
tions of human industry and enterprise. Placed in a geographical 
position to exert a powerful influence upon the duration of this 
confederacy of republics, attached to the Union and to the whole 
Union, and attached equally to the principles of freedom, and to 
the Constitution by which these are guarded and secured, should 



664 LIFE AND T13ijlS 

the time ever come — as I trust it will not — and come whence and 
why it may, when dissolution shall find advocates, and the hand 
of violence shall attempt to sever the bond that holds us together, 
the West will rise up as one man to stay a deed so fatal to the 
cause of liberty here and throughout the world — ay, and it will be 
stayed. Success can never hallow the effort. If we are not struck 
by judicial blindness, we shall hold on to the Constitution with a 
tenacity defying time and accident, thanking the God of our 
lathers, and our own God, for political institutions which have 
secured to us a greater measure of national prosperity than it has 
ever been the lot of any people before us to enjoy. 

"We have but one danger to fear. As to military power and 
the general corruption of manners and morals — causes to which 
history attributes the fall of many republics in ancient and in 
modern days — I believe, if they are not the last, they are among 
the last of the evils we have to apprehend. Our future would be 
all the patriot could desire, if that future contained no other seeds 
of danger than these. The prophetic sagacity of Washington 
foresaw and foretold the true danger which threatens us : the 
danger of sectional interests and passions arraying one portion of 
the Union against another. A spirit of compromise was necessary 
to create this confederation, and it is equally necessary to preserve 
it in its integrity and efficiency. When questions come, deeply 
affecting the country, and dividing it by geographical lines, then 
comes the time of trial, which no true American can contemplate 
without anxiety. It is seldom that such issues can be presented 
when mutual forbearance is not dictated alike by duty and by 
wisdom. If one half of a great country, abandoning all other 
differences of opinion, is unanimous in its sentiments upon any 
measure of internal policy locally affecting itself, its citizens should 
meet from their countrymen of the other section kindness, and not 
denunciation ; argument, and not recrimination ; and a desire 
to reconcile conflicting opinions as harmoniously as is compatible 
with the nature of the controversy. No such views, respecting 
their rights or their position, can be so held by an extensive com- 
munity without the existence of forcible considerations which call 
for careful inquiry, and for a wise as well as a kind decision. In 
this spirit should sectional questions be discussed ; and, if they 
are so, they will bring with them no danger, but will furnish 



OF LEWIS CASS. 6G5 

additional motives for union, and will contribute powerfully to 
our strength and prosperity. 

"I am, gentlemen, with great respect, 

" Your obedient servant, 

"Lewis Cass. 
"Campbell P. White, Esq., and others." 

The first session of the thirty-first Congress, in 1849-50, was 
prolific with propositions, resolutions, and bills, that augured no 
good to the internal peace of the country. The southern members 
had long complained of trespasses upon their rights as members 
of the confederacy. This feeling was not confined simply to their 
peculiar domestic institutions, but extended to commercial and 
monetary matters. The politicians of the north retorted; and this 
crimination and recrimination, increasing in bitterness and exas- 
peration, culminated at this session of Congress. Mr. Hale — a 
senator from New Hampshire — even went so for as to present a 
petition to dissolve the Union, and asked for its reception and 
consideration by the Senate. It was evident enough to the wise 
statesmen of the land, that an evil of portentious magnitude was 
suspended over the country — being no less than civil war, with 
all its horrors — unless this discord and dissension were removed. 
Eminent men from both sections, north and south, and from both 
the Democratic and Whig parties, paused to unite in devising 
Borae measures to allay the irritation. They saw that, if the spirit 
of compromise was necessary at the formation of the Constitution, 
it was now still more so. Several measures were suggested, and 
offered in Congress. Mr. Clay, of Kentucky, Mr. Bell, of Tenn- 
essee, and Mr. Foote, of Mississippi, respectively proposed meas- 
ures to compromise and adjust all questions in controversy between 
the free and slave States, relative to the subject of slavery. The 
propositions of Messrs. Clay and Bell were embraced in a series 
of resolutions, which elicited much discussion. Mr. Foote simply 
introduced a resolution to the efiect, that it was the duty of Con- 
gress, at that session, to establish suitable territorial governments 
for California, New Mexico, and Deseret. General Cass supported 
this resolution with his accustomed zeal and ability. Mr. Hale / 
gave notice that he should move the Wilmot proviso as an amend- • 
ment, to be attached to the resolution, and thus again brought up 
that vexed and exciting point for discussion. 



< 



6Q6 LIFE AND TIMES 

Much had been said, during the Presidential canvass of 1848, 
with reference to the principles of legislation shadowed forth in 
the Nicholson letter ; and General Cass availed himself of this 
opportunity to give his views at still greater length. He con- 
tended that Congress was not vested with nnlimited power of 
lesrislation over the Territories. He insisted that there was a wide 
difference between the right to institute governments for Territo- 
ries and the right to legislate over their internal concerns. 

" It was precisely this claim of unlimited legislation which led 
to our revolutionary struggle, and to our separation from England. 
And I must confess I have listened with amazement, in this hall 
of American legislation, to the long and subtle metaphysical in- 
quiries into the rights of sovereignty, and the power it brings with 
it, as if the rights of sovereignty were everything, and the rights 
of man nothing. It is a revival almost, in terms, of the discussions 
between the parent country and the colonies, but in which we 
have changed places, and now assume to exercise the very power 
— the power of legislation without representation — which Ave first 
denied in argument, and then resisted in arms. The British 
statesmen could not understand what practical limits there could 
be to the power of the sovereign Parliament over the colonies, 
and, as they found none in their constitution, they admitted none 
in their legislation. They could not elevate their eyes from their 
own narrow system to those fundamental principles of human 
freedom, ' written,' as Lord Chatham said, 'in the great volume of 
nature,' which are immutable and indestructible. They had one 
advantage, however, in the argument, of which we are deprived; 
they had ah unwritten Constitution to appeal to, and a legislature 
to act, which, by the theory of their government, was omnipotent. 
When, therefore, the exercise of any power was brought into rpes- 
tion, it was not necessarv to establish its existence, but it was for 
those who opposed it to establish the limitations by which it was 
sought to be controlled. But the powers of our government are 
both defined and limited, and, before the authority of Congress 
can be brought to bear upon any subject, the constitutional grant 
of power must be clearly pointed out. 

"Now, sir, it is no pleasant task to argue with any man who 
does not see, and feel, and acknowledge the difference between 
the right of unlimited legislation over distant regions, where there 
is no representation, and the right to organize governments, leaving 



OF LEWIS CASS. 



667 



to the people to be aflfected by them to regulate their own concerns 
in their own way. The one may be necessary and defensible, and 
is reconcilable with practical liberty. There are no circumstances 
which require or justify the other, or which can reconcile its exer- 
cise with tlic great principles of human freedom. I am well aware 
that the Constitution has given to Congress the power of exclusive 
legislation over the seat of the federal o;overnment. That anoma- 
lous feature in our system had peculiar reasons for its introduction, 
and, though the condition of the people in the District places them 
at the disposal of a legislature neither elected by nor responsible 
to them, still there is a community of interest and of feeling, result- 
ing from residence, personal intercommunication, and political 
associations, which temper the real despotism of the measure, and 
which can never exist between the members of Congress and a 
remote colony. And, above all, this right of exclusive legislation 
is one of the terms of the national compact, neither doubted nor 
susceptible of doubt. 

"I have heard a good deal said upon this subject of uncon- 
trolled legislation over the Territories, which is the very paraphrase 
of what was said by Lord North, Mr. Dundas, and by other mem- 
bers of the ministerial party in England, three quarters of a cen- 
tury ago. The lessons of experience are indeed too soon forgotten ; 
but I did not suppose that the lessons taught us by our revolu- 
tionary fathers would so soon fade from the memory of the present 
generation. A great principle is involved in this controversy — 
the inseparable connection between legislation and representation. 
And what paramount necessity calls for its violation? Are not 
the people of the Territories competent to manage their own inter- 
nal affixirs? Are they not of us and with us?— bone of our bone 
and flesh of our flesh?— the same people, with the same views, 
habits, and intelligence ; all, indeed, which constitutes national 
identity? aye, sir; and exhibiting, by the very act of emigration, 
a spirit of enterprise which commends them the more to our 
respect. Can not such a people administer their own government 
safely and wisely? Experience says they can. They have, in 
every instance, proved their capacity for self-government, and 
life, liberty, and property have been as well protected by their 
laws as by the laws of the States. 

" It is clear, then, that there is no necessity for Congress to leg- 
islate for the Territories. They have never legislated exclusively ; 



668 LIFE AND TIMES 

and the very few instances of the exercise of such a power 
upon the statute book were not only unconstitutional, but were 
acts of supererogation, which the territorial legislature was much 
more competent than the national legislature to consider and 
determine to the satisfaction of the people of the Territory. It 
may be said, sir, that some of the recent acquisitions contain a 
considerable population foreign to our political institutions, and 
not as well qualified to appreciate them as our native or natural- 
ized citizens who are familiar with their operations. But, sir, this 
objection — which, however, does not touch the principle — is en- 
titled to no consideration as a practical one. There is not a terri- 
torial government we shall organize in which the majority of the 
active population will not be American citizens, emigrants from 
the older States, and in which this class of persons will not exer- 
cise a preponderating influence, controlling all public measures. 
What, then, have we to fear? The great issues of life and death 
are left to the people. No one calls this in question ; and to the 
same trust may be committed, with equal safety, all the other 
objects of internal legislation. 

" And the late proceedings in California to organize a govern- 
ment, and the constitution which has been the result, are the best 
proofs that could be offered of the capacity of the people to lay 
the foundations of their political institutions wisely and justly. 
What a practical comment is that constitution upon the doubts 
we have heard expressed, in this hall and out of it, respecting the 
intelligence of these remote Territories, and the necessity of re- 
straining them by Congressional legislation. I know of no con- 
stitution in this broad Union where the principles of rational and 
progressive liberty are better secured than in this first great polit- 
ical offering from the shores of the Pacific. 

" So much for the difference, both in j^rinciple and practice, 
between the power to institute governments for the Territories and 
the power of internal legislation over them. But this difference 
is not a mere speculative one, nor one which appeals only to the 
feelings of the American people and their representatives. It 
enters deeply into the question before us; into the constitutional 
power of Congress to legislate over the Territories, and thus pre- 
sents itself on the very threshold of this inquiry. 

" There is no clause in the Constitution which gives to Con- 
gress express power to pass any law respecting slavery in the 



OF LEWIS CASS. 669 

Territories. The authority is deduced from yarious sources, 
which I propose to examine by and by. But every construction 
which would give to a foreign legislature jurisdiction over this 
subject of slavery, — by foreign, I mean not elected by the people, 
to be affected by its acts, nor responsible to them, — would equally 
give it jurisdiction over every other department of life, social and 
political, in the Territories : over the relations of husband and 
wife, of parent and child, of guardian and ward, as well as over 
the relations of master and servant ; and embracing within the 
sphere of its operations the whole circle of human rights, personal 
and political — life, liberty and property in all their various modes 
of enjoyment. I say ' the power of Congress over slavery;' for, if 
we have power to abolish it, or to exclude it, we have power to 
institute it. We possess complete jurisdiction over the subject; 
for there is no intellect, however acute, which can so limit the 
legislative right of action, if it exist at all, as to apply it to the 
exclusion of slavery, and withhold it from its institution. If any 
one doubts this proposition, let him turn to the Constitution and 
show the limitation. Before I can believe that such a power was 
granted, so remote from the objects of the government which the 
framers of the Constitution sought to establish, belonging exclu- 
sively to the local questions affecting the different communities 
into which we are divided, I must abandon many of the allusions 
I have cherished respecting the wisdom of the statesmen who 
composed the convention of 1787. 

" We are all aware that there are various clauses of the Consti- 
tution, and various other sources, foreign and domestic^ whence 
this right of unlimited legislation over the Territories is sought to 
be deduced. One of these, at least, is an express constitutional 
grant of power, and if it fairly includes the authority to hind the 
Territories in all cases whatsoever^ then there is an end of this 
question, and we may pass this proviso and regulate all their 
other concerns at our pleasure. But there are other sources 
accepted or rejected, as minds differently constituted take part in 
this controversy, whence this right is derived indirectl}^, as neces- 
sary to the exercise of some power found in the Constitution, or of 
some other power found out of the Constitution. It will hardly 
be denied, — the time for denial has not yet come, though appear- 
ances indicate it as fast approaching, — that these indirect or inci- 
dental powers are to be employed no further than is necessary to 



670 LIFE AND TIMES 

meet the occasion which calls them into action. Derivative in 
their nature, they are limited .in their exercise. They can not go 
beyond the legitimate object which is sought to be attained. If 
the necessity for social order in the Territories, as many, perhaps 
as most, of the speakers contend, is the true foundation of the 
right of Congress to legislate over them, it is a right which 
extends no larther than may be necessary and proper to fulfill 
this first duty of society. The means must be proper for the end, 
and proportioned to it; and if this end can be obtained by the 
establishment of local governments, there ceases the constitutional 
action of Congress, and the internal legislation should be commit- 
ted to the people to be affected by it. It is essential, therefore, to 
ascertain whence this power comes, that we may ascertain how 
far it may go; essential, that we may not violate the Constitution; 
essential, that we may not violate a fundamental principle of free- 
dom, the unalienable connection between representation and 
internal legislation; and essential, that the people of the Territo- 
ries may conduct their own concerns in their own way — the very 
cardinal doctrine of American freedom. 

" Reverting to the proposition that Congress has unlimited 
power of legislation over the Territories, the first reflection which 
strikes the inquirer is, that if this power were intended to be 
granted, nothing was more easy than for the convention to place 
the subject beyond doubt, by a jjlain expression of the object. 
Instead, then, of five or six clauses of the Constitution, some with 
remote relation to the subject, and some with none at all, which 
are in succession relied upon as the foundation of this power, we 
should have had a clear authority for the exercise of one of the 
highest attributes of government; the highest, indeed — the right 
of unlimited legislation. The clause most frequently quoted in 
su])port of this right is that which provides that ' the Congress 
shall have power to dispose of, and make all needful rules and 
regulations respecting, the territory or other property belonging 
to the United States.' But I have no hesitation in saying, that if 
general jurisdiction over life and liberty was intended to be 
granted by this provision, its phraseology is little creditable to 
the person who prepared it or to the body which adoi)ted it. 
Heretofore the universal judgment of our country has j)ronounced 
that the Constitution of the United States is not less admirable 
for the force and pers^jicuity of its language, than for the principles 



OF LEWIS CASS. 671 

it establislies and the government it instituted. Proper words 
in proper places have been till now the characteristic fea- 
ture of its mode of expression. But if the power to make needful 
rules and regulations for the jjrojyerty of the United States— for 
this is the grant, and all the grant— conveys full legislative 
authority over this property, and over all persons living in the 
same region of country, making man the mere incident- of prop- 
erty, certainly never were words more unhappily chosen, nor a 
reputation for clearness and certainty more unjustly acquired. 
That the convention, when they intended to grant full legislative 
power, knew what terras to employ, is manifest from the phrase- 
ology of the provision for the government of the Federal District, 
and of places ceded ' for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings.' Here the right to exer- 
cise exclusive legislation is given in express terms, admitting no 
doubt, and the very words are employed which are best adapted 
to convey the power intended to be granted, and no other power. 
When, therefore, a construction is put upon the authority to make 
needful rules and regulations for property^ yvhioh carries it far 
beyond the obvious import of the words, those assuming this 
ground are bound to explain why similar language was not used 
to grant similar powers, and by what just rule of implication a 
phrase so limited is made to convey a power so unlimited. How 
is it that, in the same instrument, to exercise exclusive legislation 
and to regulate jprojyerty convey equally a general jurisdiction 
over all the objects of human concern ? No man has done this. 
No man has attempted to do it; and it is an obstacle, in limine., 
which, till removed, is insuperable. 

" I have looked over the discussions on this subject with a view 
to ascertain whence this power is derived by the various speakers 
or writers who have taken part in this controversy, and it is not 
a little curious to analyze the different opinions, and to find what 
diversity of sentiment prevails respecting the true ground of Con- 
gressional interposition. There seems to be a sort of consentane- 
ous admission that the power exists, but then comes the diversity 
of views when seeking to justify its exercise by the provisions of 
the Constitution. 

" I will enumerate the most prominent of these suggestions, and 
then proceed to test them by the principles of the Constitution : 
" 1. The principal reliance, till recently, for the support of this 



672 LIFE AND TIMES 

general power of legislation has been upon that clause of the Con- 
stitution, already quoted, which authorizes Congress to 'dispose 
of, and make all needful rules and regulations respecting, the ter- 
ritory or other property belonging to the United States.' More 
recently, however, as the subject has been investigated, this 
clause has found less favor, and other provisions have, in succes- 
sion, been brought forward as justifying Congressional interposi- 
tion. Among these are — 

" 2. The war and treaty-making powers. 

" 3. The rio;ht to admit new States. 

" 4. The right to sell the public lands. 

" 5. The right of ownership. 

" (). The right or duty of settlement. 



a n 



1 . The right of sovereignty. 



"■8. The nature of government. 
"9. Nationality. 

" 10. The principles of agency and trust. 

" 11. That provision of the Constitution which declares that 
' all debts and engagements entered into before the adoption of 
the Constitution shall be as valid against the United States under 
this Constitution as under the Confederation.' The ordinance of 
1787, it is contended, is one of these engagements, and the gov- 
ernments established by it are therefore recognized by the Con- 
stitution. 

" 12. While it is admitted that the ordinance of 1787 was 
'passed by the old Congress of the Confederation without author- 
ity from the States,' it is contended, not that the clause respecting 
' debts and engagements ' confirmed it, but that it ' had been 
tacitly confirmed by the adoption of the present Constitution and 
the authority given to Congress in it to make needful rules and 
regulations for the territory.' 

" These various reasons are not selected here and there from 
speeches and essays, first se^^arated from their natural connection 
and then arranged in a formidable column for the sake of efi'ect, 
but they are each and all of them urged with zeal, and I doubt 
not with sincerity, as grounds for the constitutional action of 
Congress upon the subject of the Wilmot proviso. 

" Much of the confusion which accompanies this subject has ob- 
viously arisen from the use we now make of the word ' tery-itory^ 
applying it to those political communities which are organized 



OF LEWIS CASS. 673 

under the name of Territorial governments, and considering it 
as so applied in the Constitution. Indeed, so prevalent is this 
notion, that in an address of the Democratic members of the 
legislature of New York, dated in April, 1848, this clause is quoted 
as though it read territories or ' other property belonging to the 
United States,' thus fixing upon the word its acquired political 
signification ; and this example has been followed in the House 
of Representatives, where one of the most intelligent members 
says, ' the Constitution speaks of territories belonging to the 
United States.' This use came by time, for the ordinance of 1787 
obviously employed the word territory as descriptive of a region 
of country belonging to the United States, and which bad been 
ceded to them by the members of the Confederacy. The ' Western 
Territory' was its popular designation, and it is thus called in an 
act of the old Congress passed May 20th, 1785, entitled 'An ordi- 
nance for ascertaining the mode of disposing of lands in the 
Western Territory.' The meaning is here geographical, and not 
political ; for no government was established there till more than 
two years after this period. And the proceedings of the old Con- 
gress abound with its use in that signification, proofs of which 
will be found in an act of April 13th, 1785, in another of May 9th, 
1787, and in yet another of May 12th, of the same year, all before 
the passage of the ordinance for the government of the North- 
Western Territory. Then came that ordinance providing for the 
government of this region of country, this territory^ or land^ or 
domcdn^3i'& it is indiscriminately called in the legislative and other 
ofiicial acts of that period. Its more appropriate i3olitical desig- 
nation seems to have been '-district!! for the ordinance commences 
by declaring ' that the said territory, [or region of country,] for 
the purposes of government, shall be one district^ subject, how- 
ever, to be divided into two districts, as future circumstances may, 
in the opinion of Congress, make it expedient.' And these dis- 
tricts were each to constitute a government, with a governor and 
judges to 'reside in the district,' who are to 'adopt and publish 
laws in the district,' and eventually, with a partially elective 
legislature, having authority ' to make laws in all cases for the 
good government of the district,' &c. 

" The territory, or region of country, is thus organized into a 
political district ; and had these local communities, which we now 

call Territories^ preserved this term, district, as descriptive of 
43 



674 LIFE AND TIMES 

their political organization, or been known as colonies, the English 
designation for remote possessions, we should probably never have 
heard of the extended construction now given to this power of 
mahing needful rules for territory or land^ and other property. 
As in the ordinance, so in the Constitution, both adopted in the 
same year, the word territory retains its geographical signification, 
and it was only by time and custom that it sometimes came to 
mean political communities, distinct from the geographical region 
where these are established. But this use of the term, 1 repeat, 
was unknown at the time of the adoption of the Constitution. 

" What, then, is the true import of this constitutional power, to 
make needful rules and regulations for the public property ? If 
this were a question of the first impression, and a construction 
were now to be put upon this clause unembarrassed by practice 
or precedent, it is so clear in its phraseology and objects, that it is 
not probable there would be any diversity of opinion upon the 
subject. It would be conceded that it gave to Congress j^ower 
to dispose of, use, and preserve the public property, where- 
ever situated, and to exercise *any power fairly ^ needfuV to attain 
these objects. The slightest analysis establishes this construction. 
It is property alone which is the subject of the grant ; and its dis- 
position, and in connection with that, its use and preservation, are 
the objects. The frame of the sentence places this beyond doubt. 
The phrase ' territory or other property,' makes territory one of 
the classes of property, and was doubtless here introduced as far 
the most important of them, being the Western Tei^ritory^ the 
great fund destined to relieve the finances of the infant Confede- 
ration. He who denies this, is beyond the reach of philological 
reasoning. 

" There are two provisions of the Constitution, and only two, 
which touch the property of the United States. One is the clause 
which we are considering, and which contains this necessary grant 
of power to the government, as a landholder or holder of other 
property, to use and dispose of the same at its pleasure; and the 
other is the clause authorizing Congress ' to exercise like authority 
(exclusive legislation, like that exercised over the District of Colum- 
bia,) over all places purchased by the consent of the legislature of 
the State in which the same shall be situated, for the erection of 
forts, magazines, arsenals, dock-yards and other needful buildings.' 

"The object of these clauses is essentially difierent. The one is 



OF LEWIS CASS. 675 

to enable Congress to manage and control the property of the 
United States, wherever situated, in order that it may be applied 
to its proper uses without the necessity of resoi-ting to other legis- 
lation; and the other, to exercise jurisdiction overall persons living 
in their forts and other huildings^ in circumstances where such 
jurisdiction is necessary, and is accordingly ceded by the proper 
authority. The one provision is universal, applying wherever the 
United States have property. The other is applicable only to 
places held for special objects, and where cessions of jurisdiction 
are expressly made. 

" Now, it is manifest that if the power to mal'e needful rules 
mid regulations conveys a general grant of legislative authority, 
then the express clause for the exercise of jurisdiction with the 
•consent of the States was unnecessary, and the government of the 
United States, wherever it owns property, possesses by the act of 
ownership complete legislative jurisdiction within its limits. 

" For it is to be observed that this power * to dispose of and 
■make needful rules and regulations,' attaches to the public prop- 
erty whether found in the States or Territories, and is the only 
authority by which the public lands, wherever situated, are sold; 
and, consequently, the people living thereon are subject to Con- 
gressional legislation, and may be placed beyond the reach of State 
authorities. Either this consequence follows, or the very same 
words, operating upon the very same subject, convey powers 
altoo-ether different. 

" It is under this authority that our whole system of land laws 
has been established; that land has been surveyed and sold, 
trespasses prevented or punished, intrusions prohibited, and the 
proceeds of the national domain realized and carried to the 
national treasury. The laws for these purposes are general in 
their operation, not applicable to the Territories alone, but embrac- 
ing in their action those portions of all the States where this kind 
of property exists. 

" And these laws, passed by virtue of this clause relating to the 
public property, cease to operate as soon as the United States 
cease to own such property. If a tract of land, wherever situated, 
whether within a State or Territory, is paid for and sold, all the 
provisions for the security of the United States, arising out of this 
special clause of the Constitution, disappear at once, and the tract 



676 LIFE AND TIMES 

passes into the common mass of property, subject to all the usual 
incidents, and governed only by the usual local laws. 

" But it is yet strenuously contended, though certainly not with 
the same earnestness of conviction which marked the earlier dis- 
cussions of this subject, that the natural and obvious import of this, 
clause, giving Congress power to make needfxil rules and regida- 
tions for the pullic pro])erty^ is not the true one, but that it gives 
complete legislative jurisdiction over the property itself and over 
all the persons living within the Territories of the United States. 
And why? I have examined with some care the long debates 
upon this subject, and I find there are two diflerent views taken 
of this clause, both of which unite in the same conclusion, but 
separate in the process by which it is reached. Those who advo- 
cate the one, contend that the word ' territory' does not mean land 
alone, but includes also political jurisdiction; thus making Ameri- 
can citizens a part of the national property, which Congress may 
' dispose of,' or otherwise regulate at its pleasure. The advocates 
of the other, who certainly bring to this discussion greater numbers, 
as well as higher talents and position, while conceding that the 
word 'territory' in this connection means land, maintain that the 
right to make needful rules and regulations concerning it, neces- 
sarily conveys unlimited powers of legislation over such property, 
as well as over the political communities, called Territories, where 
it is to be found. 

" So far as I have been able to ascertain, a member of the House 
of Representatives from Massachusetts [Mr. Hudson] is the new 
Galileo to whom we owe the discovery that the people of a 
Territory are property; and that the framers of the Constitution, 
with equal liberality and wisdom, made special provision for their 
sale whenever it may please Congress to put them into the market; 
and, as a corollary from this doctrine, the construction which 
considers territory in this clause as land or other jpro])crty, is 
denounced as a 'miserable c^rnhhle,^ ptd fortJ)^ possihly to please the 
faithful; and the honor of its paternity is attributed to me by 
name, and with one of those sneers of intelligence with which 
great minds — alas for the infirmities of human nature ! — are but 
too prone to consummate their victories over small ones. Truth, 
however, compels me, while professing my sincere adhesion to this ll 
position, to decline the honor of this gentleman's censure, and to 
limit my claim to the humble services of a disciple in this school, 



I 



OF LEWIS CASS. 677 

while disavowing the title of master. Had he sought his princi- 
ples of government less in European writers, and more in the 
Constitution of his country and its expositions, it would not be 
necessary for me to tell him that it is the Supreme Court of the 
United States which years ago put this construction upon the 
Constitution, and pronounced 'territory' and 'land' in this article 
to be synonymous. I place in juxtaposition the dictum of the gen- 
tleman from Massachusetts and the opinion of the Supreme Court, 
in the case of the United States vs. Gratiot and Others: 

" ' Mr. Hudson. " ' The Supreme Court. 

"'This new doctrine of General Cass', "'Tlie term 'territory,' as here used, 
put forth possibly to please the faithful in is merely descriptive of one kind of pro- 
certain parts of the country, is entirely perty, and is equivalent to the word 
superficial, and will not bear the test of lands ; and Congress has the same power 
examination for a moment. Because terri- over it as over any other property vested 
torn and oihcx property are associated toge- in the United States,' &c. 
ther, the General contends that territory 
must be synonymous with land, and that 
the clause simply confers the power to buy 
and sell it, as they would any other species 
of property, goods, or chattels." — Vol. 1, 
p. 664. 

" I suppose I may shelter myself under this authority, faithful 
among the faithless who desert it; for this gentleman, while affect- 
ing to place confidence in the Supreme Court, denounces its 
pinion; and I leave it to him to reconcile his assertions with the 
.aistory of his own times. How the Supreme Court, after thus 
deciding that teiritory here means land., could decide also that tlie 
power to sell and regulate land includes tlie power of unlimited 
political jurisdiction., I profess my inability to comprehend; more 
especially as the power to be exercised must be ' needful,' and this 
necessity upon the face of it is incompatible with the idea that 
' this power is vested in Congress without limitation^ But I shall 
return to this subject in the further progress of my remarks. 

" ]S"ow, sir, what are the reasons urged in favor of separating this 
word territory from its natural connection, other property., or, I 
might rather say, in favor of unlimited legislation over it as a 
political community ? I will try to deal with the doctrine as fairly 
as I can, and as gently as may be, though I should consi-der my 
own time, as well as yours, badly spent were I to undertake any 
serious refutation of it. He who considers American citizens as 
property, and seeks upon this assumption to establish a great 



678 LIFE AND TIMES 

constitutional power, should not come to promulgate his doctrine in 
these halls, whose foundation was laid by Washington, and whose> 
superstructure is dedicated to the j^rinciples of constitutional 
freedom. 

"Yattelsajs 'that possessing the territory gives us a perfect 
right to govern and control it.' Then follows another quotation 
from Vattel, the spirit of wliich is found in this commentary of 
the speaker. ' In this passage,' he says, ' the term property is 
used in a broader sense than mere land. It implies sovereignty 
or jurisdiction.' And then comes another quotation and another 
commentary. I omit the former and give you the latter : 

" ' Here, Mr. Chairman, we have the authority of Yattel for 
saying that a nation has property in her sovereignty, and that the 
right of domain implies the right of empire; that owning the ter- 
ritory gives absolute jurisdiction, and hence full legislative power. 
What, then, becomes of the miserable quibble about territory and 
otlier property f ' 

" And tliis is followed by much more of the same sort, and all 
this time amid a profuse display of learning, collected for the 
purpose, it seems never to have occurred to the speaker, that a 
certain instrument called the Constitution of the United States 
had quite as much to do with this question of the power of Con- 
gress as transatlantic writers, who died from a century to two 
centuries before our time, and who were discussing questions of 
national and natural law under a good deal of bias arising out 
of monarchical institutions, where the sovereign, agreeably to the 
doctrine of Louis XIV, was the State, and not the authority of 
the various departments of our government. 

" And this speaker was followed by another who fortified the 
doctrine by his own peculiar views, and peculiar indeed they 
are, and by abundant references to the dietionaries and to other 
equally learned authorities. He begins by declaring that 'the 
men of the Revolution, the framers of the Constitution, were mas- 
ters of the English language. They used just words enough and 
no more ; they invoked the powers of the language to confer in 
the briefest and clearest manner this plenary power upon Con- 
gress.' And this eulogium is pronounced with apparent sincerity, 
certainly with all due gi-avity, the better to prepare us for a 
construction as much at war with the plain words of the Consti- 
tution as with the fundamental principles of human freedom. He 



OF LEWIS CASS. 



679 



asks, with emphasis, ' AVhat means the word ' territory ? ' Does it 
mean simply ' public lands ? ' ' Certainly not. When the govern- 
ment owns the soil, the word territonj, as applied to it, means 
that soil, and the dominion which lies like an atmosphere upon 
it. The word ' territory,' then, expresses a compound idea, viz : 
land and dominion. If the government does not own the land, it 
expresses then a simple idea, viz: dominion over the land. In 
neither case is its meaning synonymous with 'land' or 'public 
lands.' In either case it expresses a thing which is ' the property 
of the government.' All this is equally clear and satisfactory, 
and thus is it proved logically, constitutionally and almost mathe- 
matically, that the inhabitants of a Territory are a ' thing,' ' the 
property of the government.' But further, because colonial pos- 
sessions are spoken of as belonging or appertaining to the parent 
country— the territories of the East Indies to England, for instance 
— the speaker says it is so in the dictionaries; therefore 'the 
matter can be made no plainer by argument,' and our Territories 
are, by the Constitution, made property lelonging to the United 
States^ and may be sold and governed as such — land, people 
and all. — Mr. Rockwell., vol. 1,^. 794. 

" I can not argue such a point as this, nor undertake to refute 
the proposition that unlimited jurisdiction over large bodies of 
our fellow-citizens, embracing in its operation all the rights which 
belong to man, wheth3r natural or political, is 'a thing which is 
the property of the government.' Do we hear aright, when we 
hear an American legislator contend for a construction of the 
Constitution which carries us back to some of the worst doctrines 
of the middle ages — to those feudal times when the dignity of 
land was far more exalted than the dignity of human nature, and 
when men, I mean the many and not the few, were bound to the 
soil, like the trees growing upon it, as they are yet in some of the 
countries of the Old World, and one of the principal elements of 
its value? All this has passed away, wherever the very first 
o-limmering of the light of freedom has penetrated, and the at- 
tempt to revive it here is among the strangest of the strange 
political revulsions which it has been my fortune, or rather my 
misfortune, to witness in a long and active life. 

" A few passing remarks upon the practical consequences of 
this position, and I leave it to exert what influence it may upon 
the subject before us. 



680 LIFE AND TIMES 

"If the word ' territory' here includes the right of jurisdiction, 
it follows that it was the intention of the framers of the Constitu- 
tion to confer upon Congress the power to sell this jurisdiction 
over all the western cessions, and that this clause accomplishes 
the object. For whatever be the true meaning of the word ' ter- 
ritory,' whether soil or dominion, or both, the authority granted 
is an authority to dispose of or sell it, equally with ' other prop- 
erty.' No process of analysis can separate the right to sell the 
' territory ' from the right to sell the ' other property.' Congress, 
by this construction, could sell to every man the right of juris- 
diction over his section or quarter section as well as the right of 
soil ; or it could sell the title to one man and the jurisdiction to 
another, or both, or either to a foreign State, or to its subjects. 
The bare enunciation of such a proposition carries with it its own 
refutation. I can not deal with it as a subject of argumentation. 
The power, under any circumstances, to cede a portion of the 
United States is, to say the least of it, a very doubtful one under 
our Constitution. For myself, I can find no such grant of authority 
in that instrument ; its powers are preservative, not destructive. 
I am speaking of a direct, unquestioned cession ; not of the fair 
settlement of a disputed boundary with a foreign nation, where 
the question is uncertain and where the act of adjustment estab- 
lishes the true line of demarcation. But that the Convention of 
1787 should make it a fundamental provision of the new govern- 
ment that it might alienate from this country, at its pleasure, and 
by the acre, too, its vast western domain, the object of so much 
solicitude and the cause of so many dissensions, almost terminating 
in separation, is a proposition equally at variance with our political 
history and with the spirit of our political institutions. And what 
still adds to the surprise which this course of reasoning is so well 
calculated to excite, is the fact that gentlemen who seek by con- 
struction to give to Congress this unlimited power of cession, are 
among those who contend most strenuously for the obligation and 
inviolability of the ordinance of 1787, and for its virtual recogni- 
tion by the Constitution, notwithstanding that ordinance places 
the western territory beyond any other final disposition than that 
of admission into the Union, with all the rights of the original 
members. 

"The other construction which deduces a power of unlimited 
jurisdiction from this constitutional authority ' to dispose of and 



OF LEWIS CASS. 681 

make needful rules and regulations concerning the territory or 
other property belonging to the United States,' concedes that ter- 
ritory is here land and property, but maintains that the needful 
regulation of it includes complete jurisdiction — not only the 
power to establish territorial governments, but to legislate for the 
Territories in all cases whatsoever. 

" It is not necessary to make extracts from various speeches to 
show how prevalent is this opinion of the omnipotent power of 
Congress over the Territories. I have already referred to the 
declaration that they may he sold into slavery j and though this 
position is the legitimate consequence of the doctrine of unlimited 
jurisdiction, still there are few who would thus boldly follow it to 
its just conclusion. There is, however, so little diversity of views 
upon the question itself, that nothing would be gained by reference 
to individual speakers, where the general deductions are the 
same." 

General Cass, in this elaborate speech, examined, in detail, the 
various positions taken by tliose who advocated the proviso, and 
commented, with logical reasoning, upon the different provisions 
of the Constitution which, in succession, had been brought forward 
to justify Congressional interposition. lie disproved the right of 
entire legislation over the territories, on the part of the general 
government: he met and refuted, in a candid manner, both by 
argument and precedent, the pretense that the proposition had the 
sanction of the Constitution, or even was contemplated by its wise 
framers; and reproduced the important fact, that Congress, from 
1787 to that day, had never exercised, or attempted to exercise, 
any such power. With respect to the ordinance of 1787, so often 
cited both in and out of Congress, he not only triumphantly 
showed that the territorial government, established by that ordi- 
nance, was no compact within the accepted definition of the courts 
and the orthodox writers upon jurisprudence, but, from the ordi- 
nance itself, he reminded the Senate, that the six sections often 
quoted, and the provisions of which were forever to remain un- 
alterable, unless by common consent, did not contain one word on 
the subject of territorial government. 

" But," he continued, " it is all idle to talk about the compacts in 
the ordinance of 1787. The articles so designated are destitute of 
the very first elements of reciprocal obligation. There was but 
one party to them. The other party had not yet come into being, 



682 LIFE AND TIMES 

or, rather, the other party was not heard at all ; for it was com- 
posed of tlie inhabitants then living in the territory — the settlers 
upon the Wabash, in the Illinois country, in the Detroit country, 
at Green Bay, and at Prairie du Cliien. These constituted the 
counter party then in existence, and this compact was declared 
binding upon them and their descendants, and irrevocably so, 
without their consent and without their knowledge. Why, sir, if 
there had been but one man in that country — and there were many 
thousands, and among these not a few emigrants from the States — ■ 
he would not have been bound by a compact he never heard of, 
and to which his consent was never required, either expressly or 
impliedly, and much less the people then there. As to making a 
contract with unborn States and millions, by the simple act of a 
foreign body, constituting itself one of the parties, and acting for 
the other, and without any means being provided for procuring* 
their assent in all time, either by the act of the then existing ov 
of any future generation, by an acceptance of the terms held out. 
or by any other mode, had not our own ears told us the contrary, 
we miffht well have doubted whether a man could be found to 
contend for so strange a doctrine. 

"Besides the want of parties, there was a total want of power. 
No man with any regard to himself, looking to the articles of the 
old Confederation, can deny this, even if we had not the authorita- 
tive declaration of Mr. Madison, when speaking of it as a question 
neither disputed nor disputable, to which Mr. Adams assents. 
The articles are utterly silent on the point, and the exercise of the 
power was an open assumption of authority. If the ' engagement,' 
supposing there to have been one, wanted validity, the Constitu- 
tion gave it none, but left it as it found it. A member of the 
other House, whose zeal certainly outstripped his discretion when 
he said, in quoting his previous opinions, that ' he had egotism 
enough to believe his as good as any other authority,' and in doing 
BO ' tliat he but followed the examples of the courts in which it was 
the regular and every-day practice to cite their own decisions," 
declared also, quite ex cathedra.^ ' that he should be able to shoM^ 
&c., that these six articles of the ordinance were forever binding 
unless altered by mutual consent, and that no one in Indiana had 
ever been ' silly enough' to doubt the validity of the ordinance.' 
(Mr. Pettit, vol. 1, p. 718.) It is not the validity of the ordinance 
we are now seeking as an ordinary act of legislation, but itg 



OF LEWIS CASS. 683 

inviolability or perpetual obligation. The speaker confounds two 
propositions entirely different in their nature. Let me ask him if 
any one in Indiana ever doubted the power of the people of that 
State to assemble in convention, and to introduce slavery there if 
tJiey please? — to abolish the English common law, and substitute 
the Code IsTapoleon, or the Louisiana Code, or even the contume 
de Faris^ which at one time was the law of a part of Indiana, or 
change tiie nature of bail for ofienses, or find a better remedy for 
the preservation of personal liberty than the writ of habeas corpus? 
— all which are declared by the ordinance to be forever unalter- 
able but by common consent, or, in other words, they are questions 
of internal policy, which the people are not sovereign enough to 
touch without the consent of Congress. I had supposed, till now, 
that the new States were admitted into the Union on ' an equal 
footing with the original States, in all respects whatever.' But 
if this doctrine of the perpetual obligation of this ordinance be 
correct, the new States and the old States occupy very different 
positions in the Union, and the powers of the latter are much 
greater than those of the former. As a citizen of the north-west, 
I object toto codo to this humiliating difference, and I doubt if 
the gentleman will find many converts to liis opinion in his own 
State. 

•' In support of his views, he asks where the United States got 
the title of the public lands, but in one of the provisions of thi& 
' compact,' which prohibits the new States from any interference 
in their disposition. Why, sir, the United States got the title of 
the public lands from the deeds of cession of the States who owned 
them, and Congress got the power to sell and control them, not 
from the ordinance, which, as we have seen by the opinion of Mr. 
Madison, and which may be seen at any time by a reference to 
the Articles of Confederation, was valueless fur that puipose ; but 
from the constitutional authority to make ' all the needful rules 
and regulations ' respecting them, which was introduced to secure 
this very object. 

" Tliere can be no doubt, sir, that this form of a compact was 
given to these important articles of the ordinance, in the absence 
of all real power over the subject, as having somewhat the ap- 
pearance of a mutual arrangement, and therefore obnoxious to 
less censure than a direct assumption of authority would have 
been. The first ordinance, (for that of 1787 is the second,) the 



684 LIFE AND TIMES 

ordinance of April 23d, 1784, which, however, was repealed by the 
other before it went into operation, contained also tliis declared 
compact, but in a much more imposing form than it afterwards 
assumed. It provided that ' the foregoing article shall be formed 
into a charter of compact, shall be duly executed by the President 
of the United States, under his hand and the seal of the United 
States, shall be promulgated, and shall stand as fundamental 
constitutions,' &c., &c. I presume this pushing compacts into 
constitutions for the new States by the sole authority of Congress 
was afterwards thought to be going a little too far, and the more 
modest form was finally adopted. 

"It is a sin;ular commentary on the positive declarations of 
the inviolability of this ordinance, that at the very time they were 
made, an act of Congress was passed, almost without opposition, 
violating this ordinance in a fundamental particular. And we 
have been told by the chairman of the Judiciary Committee of 
the Senate, that although the question was i-aised before the com- 
mittee, four of the members out of five considered it of no weight, 
and the bill passed this body without even a discussion upon it. 
Among the articles of compact was one which provided that there 
should not be less than tliree nor more than five States in the North- 
west Territory. This power liad been exhausted, and tlie five 
States admitted into the Union. But a large portion of the Ter- 
ritory lias been detached from these States, and now forms part 
of the Minnesota Territory, to be organized into a separate State, 
or to form part of another, with the country west of the Missis- 
sippi. So much for the irrepealable articles of compacts 

He referred, in the course of his remarks, to the extraordinary 
observations of the pi'oviso orators ; and particularly to Mr. John 
Quincy Adams — an ex-President of the United States, — citing 
this remark of the ex-President, " the consequence has heen^ that 
this slave representation has governed il\e Union. Benjamin, por- 
tioned above his brethren, has ravened as a wolf; in the morning 
he has devoured the prey, and at night he has divided the spoil." 
General Cass, fully conscious of the manifold interests and un- 
told hopes that clustered around our Union and its institutions, 
exclaimed : 

" He is unworthy of the name of American M'ho does not feel 
at his heart's core the difference between the lofty patriotism and 
noble sentiments of one of these documents and ; but I 



OF LEWIS CASS. 685 

will not say what the occasion would justify. I will only say, 
and that is enough, the oilier , for it is another. 

'-'''• Benjamin ^ jportioned above his Irethren., has ravened as a 
wolf I in the morning he has devoured the j[)rey, and at night he 
has divided the spoil.'' So much for Scripture and patriotism. 
When translated into plain English, this means that the south 
has fattened upon the north, as the wolf is gorged with his prey ! 
Lest the apologue should not be sufficiently clear, we are told that 
almost everything which has contributed to the honor and the wel- 
fare of the nation has heen accomplished hy the north in despite of 
the south', and that everytldng xmproyitious and dishonorable., 
including the blunders and follies of their adversaries^ may be 
traced to the south. 

"And this judgment is pronounced upon the land of Patrick 
Henry, and Jefi'erson, and Laureps, and Rutledge, and Sumpter, 
and Marion, and Madison, and Marshall, and Monroe, and Jack 
son, and — above all and beyond all — of Washington ; and upon 
the land of a host of other statesmen and warriors, as true and 
tried in field or cabinet as ever maintained the honor of their 
country in times as perilous as any country ever encountered and 
survived. 

" And yet almost all of good that has ever been gained by our 
country has been gained by the north in despite of the south ; 
while the south has brought upon us all our misfortunes, and upon 
their admrsaries all their blunders and follies ! ! ! I suppose this 
word ''adversaries^ in the vocabulary of Mr. Adams, means the 
other portions of the Union. 

" Now, sir, I am not going to mete out to the various regions of 
this broad land the share of each in the wonderful career in all 
the elements of power and prosperity into which we have entered, 
and have, indeed, far advanced. The glory belongs equally to all, 
and all have equally contributed to obtain it. And still less will 
I undertake seriously to refute a 'proposition which, if the refuta- 
tion is not in the heart of an American, he is faithless to the 
common deeds of the past, and to the common hopes of the future. 

" I am no panegyrist of the south ; it needs none. I am a 
northern man by birth, a western man by the habits and associa- 
tions of half a century ; but I am an American above all. I love 
the land of my forefathers; I revere the memory of the pilgrims 
for all they did and suffered in the great cause of human rights, 



686 LIFE AND TIMES 

political and religious. And I am proud of that raonnment which 
time and labor have built up to their memory — the institutions of 
Kew England — a memorial of departed worth as noble and endur- 
ino- as the world has ever witnessed, g-lorious and indestructible. 
But while I feel thus, I should despise myself if any narrow pre- 
judices or intemperate passions should blind my eyes to the 
intelligence and patriotism of other sections of our united country; 
to their glorious deeds, to their lofty sentiments, to their high 
names, and to those sacred aspirations, common to them and to 
us, for the perpetuity and prosperity of this great Confederation, 
•which belong to the past, to the present, and to the future ; and 
■whose feelings and opinions are brought here and reflected here 
by a representation in this hall and in the other, which now 
occupies and has always occupied as high a position as that held 
by any other portion of the Union — a representation which does 
honor to our country in all that gives worth to man and dignity 
to human nature." 

The provisoists, in their own conceit, having adduced the power 
to pass their darling measure, were then in the habit of acting on 
the offensive, and with the air of a conqueror demanding the 
source from whence the people in the Territories derived the power 
to legislate for themselves. This interrogatory, often put at the 
hustino-s, in the State legislatures and in the halls of the federal 
capital, remained for General Cass to answer. 

"And we are asked, where did the people of the Territories get 
the rio-ht to legislate for themselves? Where did they get it? 
They got it from Almighty God ; from the same omnipotent and 
beneficent Being who gave us our rights, and who gave to our 
fathers the power and the will to assert and maintain them. 

" I am not speaking of a revolution ; that is a just remedy for 
violated rights ; but I am speaking of a right inherent in every 
community — that of having a share in making the laws which are 
to govern them, and of which nothing but despotic power can de- 
prive them. That power in Europe is the sword. Here political 
metaphysics come to take its place. The people of the Territories 
get the opportunity of enjoying this right of government, of 
bringing it into practical operation, from Congressional interposi- 
tion, and they then possess it with no other limitations than those 
arisino- out of the Constitution and of their relations to the United 
States. Their powers of legislation embrace all the subjects 



OF LEWIS CASS. 687 

belonfflno; to the social condition. There is no act of Conf^ress 
respecting any of the Territories which undertakes to enninerate 
the various objects of legislation, and then to confer jurisdiction 
over them. The whole power is conveyed, with the very few 
exceptions I have stated, and these are expressly withheld." 

This effort was highly extolled. The Democratic members of 
the legislature of Tennessee complimented him with an address. 
Said they: "This oration will stand a perpetual monument in 
honor of your memory, and will hand your name down to the 
latest posterity as a scholar, learned and profound, as an orator, 
eloquent and powerful, as a statesman, sagacious and patriotic." 

As if to break the power of this great speech among the free- 
men of the United States, the legislature of Michigan had, in 
advance, instructed General Cass to vote for the proviso. In the 
mutations of politics the legislature of that State, in 1850, was of 
a different political complexion from that of ISttO; many Demo- 
crats in the fall of 1849 took little or no interest in the election of 
members of assembly — partly because there were no State ques- 
tions to be brought before the legislature, but more from a feeling 
of dissatisfaction with the lukewarm support which their time- 
honored fellow-citizen had received from the Democratic politicians 
of the south and south-west in the late Presidential canvass. And 
this inaction, by meagre votes, resulted in the temporary ascend- 
ency of the Whigs. After General Cass' arrival at the seat of the 
general government, he was taunted with this legislative instruc- 
tion on the floor of the Senate, and the newspapers were rife with 
speculation as to the influence which they would have upon the 
future course of this veteran patriot and statesman. IJence, when 
he gave notice that he purposed to speak on this question, the 
interest to see what he would say and do increased. We believe 
all doubt upon this head was removed in the minds of the most 
skej)tical even, when he resumed his seat. For, to solve all mys- 
tery as to his official action when the vote of the Senate should be 
taken, he took occasion to say : 

" I will endeavor to discharge my duty as an American senator, ^^ 
to the country, and to the whole country, agreeably to the con vie- - \ 
tions of my own duty and of the obligations of the Constitution ; / 
and when I can not do this, I shall cease to have any duty here 
to perform. My sentiments on the Wilmot proviso are now before 
the Senate, and will soon be before my constituents and the 



688 LIFE AND TIMES 

couiitiy. I am precluded from voting in conformity with them. 
I Lave been instructed by the legislature of Michigan to vote in 
favor of this measure. I am a believer in the right of instruction, 
when fairly exercised and under proper circumstances. There are 
limitations upon this exercise ; but I need not seek to ascertain 
their extent or application, for they do not concern my present 
position. I acknowledge the obligation of the instructions I have 
received, and can not act in opposition to them. Nor can I act 
in opposition to my own convictions of the true meaning of the 
Constitution. When the time comes, and I am required to vote 
upon this measure, as a practical one, in a bill providing for a 
territorial government, I shall know how to reconcile my duty to 
the legislature with my duty to myself, by surrendering a trust 
I can no longer fulfill." 

Whether from the influence of this speech, or their own sense 
of constitutional right, or both, certain it is that a change came 
over the legislative mind of Michigan ; and, in abundant season, 
rescinded the mandate to her senators, leaving them to act accord- 
ing to the dictates of their own wisdom and judgment. 

This was wormwood to fanaticism. To parry the blow, she 
pointed to inconsistency, and insisted, most strenuously, that the 
disciple of Jefferson — the confidant of Jackson — the unflinching 
flag-bearer of the Democratic hosts in 184S — was her votary. As 
usual when attacked, either by open, manly foes, or by sinister, 
pretended friends, he faced the attacking party; and, on a subse- 
quent day, at the first convenient opportunity, met the unfounded 
accusation in his place in the Senate. We give to the reader 
what he said : 

"It was intimated by the senator from Mississippi, [Mr. Davis,] 
and by more than one gentleman, I believe, in the other wing of 
the capitol, that I had not been consistent in my course. The 
feelings of respect and kindness which I entertain for that senator 
are, I am sure, a guaranty to him tliat I do not allude to this sub- 
ject in any spirit of complaint. My course, if worthy of notice, is 
open to public examination, and, I trust, will bear it. The charge 
is, sir, that, in my Isicholson letter, I laid down principles from 
which I departed in my late speech upon the Wilmot proviso. 
The allusion, as I understand it, is more particularly to the propo- 
sition, that the people of the Territories, as well as of the States, 
have a right to manage their own internal concerns in their own 



I 

OF LEWIS CASS. 689 

way, and that the condition of slavery may be regulated by them, 
as well as any other relation of life. In that letter, sir, which 
seems to have become historical far beyond its importance, I laid 
down four propositions, which I then deemed to be correct, and 
whose truth time and experience have but the more strongly con- 
firmed. Till I change my convictions, I shall neither seek to con- 
ceal nor disavow them. If any one has misunderstood me before, 
I conceive the fault was his own ; if any one misunderstands me 
hereafter, the fault shall be mine. I believe the "Wilmot proviso to 
be unconstitutional; but, before I proceed to a full consideration of 
this branch of the subject, I beg leave to trouble the Senate with 
a brief review of my position, and of the circumstances connected 
with it. I have desired an opportunity of doing so for some time, 
as this has been made a matter of reproach — as, indeed, what is 
not, in times like these ! 

"Wlien the Wilmot proviso was first proposed, I have never 
concealed or denied that, had it been pushed to a vote, I should 
have voted for it. There is no need for any senator to resort to 
and retail conversations in railroad cars to prove this. I had 
never examined the constitutional power of Congress ; and, when 
the subject was proposed, it did not excite that opposition from 
the South which we have since witnessed, nor led reflecting men 
to doubt whether such a provision could be enforced without dan- 
ger to the Union. Southern men, I believe, had previously voted 
for a similar measure, and it had not become a grave sectional 
question, involving the most fearful consequences. At a subse- 
quent session, convinced of its bearing, I spoke and voted against 
it; still, however, without touching the constitutional point. After- 
wards, circumstances required me to examine the subject more 
narrowly. The public mind in the South became highly excited, 
and the indications were full of danger and difficulty. I felt then, 
as I do now, that the Union was the great object of every Ameri- 
can, and that there are few sacrifices which ought not to be made 
to preserve it. I was prepared to go as far as any man ought to 
go to attain that object. In examining the Constitution, with 
reference to the whole matter, more narrowly than I had ever 
before done, I was startled by the conviction, that no authority 
was granted in that instrument to Congress to legislate over the 
Territories ; and that, consequently, there was no power to pass 
the Wilmot proviso. Not satisfied with my own impressions, and 
44 



690 LIFE AND TIMES 

being unwilliEg to take such a ground without proper consideration, 
I determined immediately to converse "with some person fully 
conversant with the history of the legislation and of the judicial 
decisions on the subject. In looking about for that purpose, it 
immediately occurred to me that an eminent judge of the Supreme 
Court, [Judge McLean, of Ohio,] from his position and associa- 
tions, as well as from his residence in the west, could give me 
better information upon this subject than any other person. An- 
ticipating that some discussion might soon arise, that would render 
this explanation proper, I applied to that gentleman some days 
since, and requested his permission thus publicly to refer to him, 
should I deem it necessary. This he cheerfully granted; and I 
now make use of his name with his own consent. I immediately 
repaired to him, and stated my doubts, as well as the circumstances 
which gave rise to them. I need not repeat the conversation here. 
It is enough to say that he confirmed my impressions, and informed 
me that, in an article published in the National Intelligencer a 
day or two previously, and which I had not seen, I should find 
his views fully set forth. That article has since been republished 
in other papers, and has attracted a good deal of attention, as it 
deserves, for it is powerfully written. I speak, sir, solely of the 
views which it presents of the power of Congress to legislate for 
the Territories. The question of slavery, which it discusses, I do 
not refer to. After reading this article, my doubts ripened into 
convictions, and I took the ground, to which I shall always adhere, 
that the Wilmot proviso is unconstitutional. And you have now, 
sir, the history of my course upon this subject." 

That the reader may have the whole, we may as well add, that 
it had been, and continued to be, repeatedly charged upon General 
Cass that he designed his letter to Mr. Nicholson as a trap to catch 
the unwary — a subterranean pitfall, into which was to tumble the 
unsuspecting planters, whenever they reached the Territories with 
their slaves. This theme had been fruitful of harangues all through 
the south. For this reason, many in that section of the Union 
were opposed to the doctrines of the Nicholson letter. At the 
north, many were opposed to those doctrines, because, as they 
claimed, the slaveholder could remove to the Territories and retain 
his immunity over the slave for a season, at least. These were 
extreme opinions — dissimilar in fact — based upon antagonistical 
reasons, diametrically opposed to each in object, yet in harmonious 
action. Extremes met. 



OF LEWIS CASS. 691 

The objectors at the North desired positive action, to prevent 
the extension of slavery. They were unwilling to leave the matter 
to the inhabitants of the Territory. General Cass was willing, 
and he knew of no constitutional power to over-ride the right. The 
objectors at the south desired negative action relative to the ex- 
tension of the area of slavery. They desired that the matter 
should be left with the territorial settlers. So General Cass desired : 
because that course of policy alone was the only one compatible 
with the terms of compromise upon which the Union of the States 
was formed. But these southern extremists — whether sincerely or 
not, they best know — stoutly insisted that the doctrine of the 
Nicholson letter did not recoo^nize the territorial inhabitants as 
possessed of j)Ower to prohibit slavery, until they were admitted 
as a State into the Union. In other words, that it was to the j)eo- 
ple of a State, not to the inhabitants of a Territory, that the power 
belonged. That there might no longer be any apology for mis- 
construction of his vie'N^^ upon this point, in March, 1852, when 
examining, in his place in the Senate, a letter of Colonel Jeffer- 
son Davis, of Mississippi, under date of December 27th, 1851, he 
remarked : 

" If a newly-settled Territory is first occupied by a majority of 
emigrants from a slave State, they will be very apt to establish 
slavery in their new residence. If, on the contrary, they come 
from a non-slaveholding State, they will probably be equally 
strongly inclined to establish that exclusion to which thev have 
been accustomed ; and so with relation to all the objects of concern 
which are regulated by law. And where was there ever a com- 
munity whose political and social system was not more or less 
influenced by the predominant opinions and characters which 
marked its early inhabitants ? But this objection, sir, whatever 
weight it is entitled to in the scale of expediency, does not touch 
the question of right. That does not even depend on Congres- 
sional action, but upon the Constitution, which does not even look 
to this subject of early or of late legislation, nor the practical 
considerations to which it may give rise. The rightful power, 
therefore, is not affected by the mode in which it may be exercised, 
whether bearing upon one or another of the vast variety of objects 
of civilized life which fall within the scope of legislation. All, 
therefore, I claimed for the territorial governments was the right 
of legislation in all cases not in conflict with the Constitution ; the 



692 LIFE AND TIMES 

same general rights of legislation whicli enabled the territorial 
governments of Mississippi, of Alabama, and other southern Ter- 
ritories, to control the question of slavery within their limits, and 
which the northern Territories might have controlled at their 
pleasure, had there been no restriction upon their power. This 
was no question of . ' sovereignty,' but of right, under the sovereign 
authority of the Constitution. And if the first settlers in the 
Territories might establish their future policy upon this subject 
by early legislation, I know of no constitutional principle which 
refuses the same powers to all the others." 

And then as to the term " squatter sovereignty,"" in connection 
with its exercise, on the distant coast of the Pacific, he further 
remarked : 

"A few words more, sir, as to California, and what has been 
called ' squatter sovereignty.' I have already said, that my Nich- 
olson letter referred only to such territorial governments as had 
been established by Congress, and it look«d only to such govern- 
ments to be thereafter established by the same authority, over 
future acquisitions, should any such be confirmed to us by a treaty 
of peace. As to the condition of things in California, which fol- 
lowed, in consequence of the failure of Congress to provide gov- 
ernments for the Mexican cessions, no one foresaw it ; certainly 
no one endeavored to provide against it. My letter, therefore, did 
not touch that point at all. 

"As to the term 'squatter sovereignty,' or 'landlord sovereignty,' 
and the reproach it is intended to carry with it, they become neither 
our age nor country. Men are entitled to government, even if 
thev are landless ; and human life and human happiness are worth 
protection, notwithstanding a remote authority may be the great 
landlord, holding vast domains in a state of nature, which it 
neither grants nor governs. Many of the doctrines upon this 
subject carry us back to the middle ages, when land was every- 
thing and man nothing. We have arrived at a period when better 
views prevail ; when human nature asserts its rights, and the 
exercise of political power does not depend upon the accident of 
property, but upon the great principle of freedom and just equal- 
ity. One of two things is inevitable : either the people of Cali- 
fornia had the right to establish a government for themselves, 
without reference to 'squatter sovereignty,' or 'landlord sove- 
reignty,' or they were necessarily condemned to live without a 



OF LEWIS CASS. 693 

government, or rather to die without one ; for human life, under 
such circumstances, would be far more precarious than in the 
bloodiest battle on record. They choosed to do what we refused ; 
to found a political system, affording protection to the great objects 
of human society ; and I know nothing of the character of my 
countrymen, north or south, if, on calm reflection, they do not 
approve the proceeding. Nor do I believe there is one of them, 
no matter where, who, had he been in California in such a perilous 
crisis, would have hesitated to substitute established law for lawless 
violence and physical strength." 

"Whatever may be the practical results of this doctrine of pop- 
ular sovereignty. General Cass is not responsible for. He did not 
make the Constitution : no share of its paternity belongs to him. 
As a senator, he has endeavored to carry out its provisions, in 
good faith. And when, in the course of his senatorial career, 
difficulties have crossed his path, that at first glance m^ay have 
appeared almost insurmountable, he has set himself at work in 
earnest to clear away the rubbish. With a mind patient in in- 
vestigation, and a physical energy that has never yet failed him, 
he has thought for himself, reached his own conclusions, for weal 
or wo, and fearlessly announced them to the world. 



694- • LIFE AISTD TIMES 



/ 



CHAPTER XL. 

The Compromise Measures The Committee of Thirteen — The Reiiort — Tlie Debate — The Union Party. 

The famous measures — already passed into history — known as 
the " Compromise Measures," were initiated and perfected at the 
first session of the thirty-first Congress. The session extended into 
September; and although the incipient steps were taken early in 
the session, the measures were not consummated till near its close. 

The first movement was on the twenty-fifth of February, when 
Mr. Foote, of Mississippi, moved the Senate that the resolution 
which he had the honor to ofier — and already given in tlie pre- 
ceding chapter, — be referred to a committee, to consist of twelve 
members, six from the north and six from the south, and an 
additional one to be by them chosen, with instructions to report to 
the Senate, if practicable, a plan of comj)romise for the final 
adjustment of all pending questions growing out of the institution 
of slavery. A motion was then made, on a subsequent day, to 
refer also to the same committee the resolutions offered by Mr. 
Clay and Mr. Bell. General Cass supported both of these motions: 
and openly declared that he would vote for any constitutional 
measure that had the appearance of harmonizing the difierent 
sections of the country, and amicably terminating the» slavery 
controversy. 

On the nineteenth of April, the question of reference was put to 
the vote, and carried on a division of thirty to twenty-two. The 
committee was chosen by the Senate, by ballot, and consisted of 
Messrs. Clay, Cass, Dickinson, Bright, Webster, Phelps, Cooper, 
King, Mason, Downs, Mangum, Bell, and Berrien. On the eighth 
of May the committee made their report to the Senate, accompa- 
nying it with bills, in accordance with its views and recommend- 
ations, in the following order. 

First. — x\dmission of any new State or States, formed out of 
Texas, should be postponed until they presented themselves for 
admission. 



I 



OF LEWIS CASS. 695 

Second.— California should be admitted forthwith, with the 
proposed boundaries. 

Third. — Territorial governments, without the Wilmot proviso, 
should be provided for [N'ew Mexico and Utah, embracing all the 
territory acquired from Mexico, except that embraced within the 
boundaries of California. 

Fourth. — The establishment of the northern and western boun- 
dary of Texas, and the exclusion from her jurisdiction of all New 
Mexico, for which a pecuniary equivalent was to be paid. 

Fifth. — More efi'ectual enactments of law to secure the prompt 
recapture of fugitives from labor, bound to service in one State, 
who may have escaped into another State. 

Sixth. — Congress to abstain from abolishing slavery in the Dis- 
trict of Columbia; but to prohibit the slave trade within the 
District. 

Seventh. — The second, third, and fourth measures to be con- 
tained in the same bill. 

General Cass was requested by several Democratic senators to 
bring forward the measure of compromise, for it had been freely 
discussed in private conversation before it was introduced, and to 
accept the chairmanship of the committee. But he peremptorily 
declined, and urged the selection of Mr. Clay, believing that he 
would do more good than any other person. The circumstances 
of the times outweighed all other considerations, and General Cass 
believed there would be less personal feeling towards Mr. Clay 
than towards a prominent Democrat. It was exceedingly import- 
ant to carry as much of the Whig interest in the Senate as pos- 
sible. And besides, that eminent patriot possessed the high qual- 
ifications and experience essential to such a duty. The result 
proved the wisdom of the selection. He bore himself like a hero 
during the whole controversy. 

With reference to the constitution of this committee, Mr. Foote 
— then U. S. senator from Mississippi — remarked at the Gover- 
nor's room in the city of New York in December, 1850: 

"The gentlemen who composed that committee did rise above 
influence; they did forget their party, absorbed as they were in 
patriotic solicitude for their country's welfare and honor. Yes; 
and I will give you an anecdote illustrative of the spirit in which 
these men acted. It was said, on a certain occasion, to my old 
friend General Cass, by some gentleman who was consulting party 



696 LIFE AND TIMES 

policy a little more than the interests of the country, that if the 
plan of adjustment were carried out, Henry Clay might become 
President. Now, General Cass had nominated Mr. Clay as chair- 
man of that committee; and what was the reply of the old patriot ? 
I will state the reply, because, perhaps, you will hear it from no 
one else. When he replied, that honest face of his became reful- 
gent with the true spirit of a patriot. He remarked, ' Then so be 
it. If Clay's noble conduct at the head of our committee, in 
rescuing his country from present danger, should conduct him to 
the Presidency, no man in the nation will more cordially ratify 
his election than myself.' I challenge you to point out to me such 
another instance of patriotic devotion and self-sacrifice. And that 
was the feeling predominant among the friends of the adjustment 
in both houses of Congress. I will not speak of those who held a 
subordinate position like myself; but I will say that Clay, Cass, 
and Webster, on the altar of their country's happiness, sacrificed 
everything like personal rivalry, disregarded everything like party 
ascendency and the success of faction, uniting themselves as 
a band of brothers, standing shoulder to shoulder in support of 
their common country, and immortalizing themselves as the 
unequaled of triad American patriots." 

The admission of California — the establishment of territorial 
governments for Utah and New Mexico— and the boundaries of 
Texas, elicited much debate, and many amendments were offered 
by various senators. The union of so many subjects in the same 
bill was regarded as objectionable by some members: its provi- 
sions were not entirely satisfactory to others who would have given 
the bill a cordial support, whilst the ultraists of both north and 
south were irreconcilable in their opposition. Propositions in- 
creasing the conditions upon which California might be admit- 
ted, and restriction of the powers of the territorial governments, 
were offered. To all these General Cass was opposed. He 
insisted that there was no express authority conferred upon Con- 
gress by the Constitution, to establish and regulate territorial 
governments. The absence of such grant was because no con- 
tingency was foreseen by the framers of the Constitution for the 
use of such power, and that the right to act at all arose from the 
necessity of tlie case. Upon the acquisition of newj.territory, it is 
the moral duty of a country to take care that it .^ provided with 
a government suitable to its own institutions. He further insisted 



OF LEWIS CASS. 697 

that the power claimed for Congress was a tremendous power. 
"It is claimed and exercised at St. Petersburg, at Yienna, and at 
Constantinople, as well as at Washington: and no matter by whom 
claimed, or where exercised — whether by Sultan, Emperor, King, 
Parliament, or Congress — it is equally despotism, unsupported by 
the laws of God, or by the laws of man." 

On the thirty-first of July, Mr. Pearce, of Maryland, moved to 
strike from the bill all that related to New Mexico. The Senate 
agreed to this. Mr. Walker, of Wisconsin, had previously moved 
to strike from the bill all exce])t that part relating to California, 
but the Senate did not agree to this. Mr. Atchinson moved to 
strike from the bill the provisions relating to California, and the 
Senate, by a vote of thirty-four to twenty-five, agreed to the mo- 
tion. The bill was thus left containing simply the provision of a 
territorial government for Utah, and in that shape passed the 
Senate on the second of August ensuing. The admission of Cali- 
fornia — the establishment of a government for New Mexico, and 
the proposals for the establishment of the boundaries of Texas, 
were subsequently passed by the Senate in separate bills. And 
thus was fulfilled the prediction made by General Cass at Port 
Wayne, on the fourth of July, 1843, when he said " the great tide 
of civilization has passed the Alleghany mountains and has spread 
and is spreading over the prairies and forests of our own beautiful 
west, and will not stop till it reaches the boundary of the conti- 
nent upon the shores of the Pacific. The decree has gone forth, 
and will be fulfilled. The prospects of the future may be seen in 
the progress of the past. He who runs may read. Neither politi- 
cal jealousy nor mercantile cupidity can stop our onward march." 
Strange as it may seem, some of the most eminent senators from 
the southern States opposed the admission of California. They 
assumed that the action of the people in forming a Constitution 
was unconstitutional; and, therefore, that the assent of Congress 
to their proceedings, by admitting California into the Union, would 
also be unconstitutional. Mr. Berrien, of Georgia, even went so 
far as to argue that the people of that region had no right to or- 
ganize themselves into a State government, and that the proceeding 
was altogether without precedent or authority. ^ General Cass 
exposed the fallacy of this argument in an impromptu speech of 
unusual power.- ^ 



> 



698 ' LIFE AND TIMES 

The bill " to provide for the more effectual execution of the 
third clause of the second section of the fourth article of the Con- 
stitution of the United States," generally known as the " fugitive 
slave bill," was taken up for consideration in the Senate on the 
nineteenth of August. General Cass supported it, as one of the 
measures agreed upon as a compromise. Mr. Mason, of Virginia, 
introduced it in January preceding. Amendments to it had been 
recommended by the Committee on the Judiciary, and by the se- 
lect committee of thirteen. He now offered a substitute for the 
oricrinal bill. After various amendments had been offered and 
debated, the bill was finally perfected, and had its third reading, 
and passed the Senate on the twenty-fourth of August. 

In supporting this bill General Cass desired it to conform to the 
act of 1793, upon the same subject, and that the changes which 
ex]3erience had shown to be necessary, should be introduced by 
way of amendment to the law of 1Y93. He took the following 
positions : 

First. — The master's right to arrest his fugitive slave wherever 
he may find him. 

Second. — His duty to carry him before a magistrate in the State 
where he is arrested, there to adjust the claim. 

Third. — The magistrate's duty to examine the claim, and to de- 
cide upon it like other examining magistrates, without a jury, and 
then to commit him to the custody of the master. 

Fourth. — The rio-ht of the master then to remove the slave to 
his residence. 

The last of the compromise measures passed the Senate on the 
sixteenth of September. It was. the bill abolishing the slave-trade 
in the District of Columbia. In all these bills the House of Eep- 
resentatives concurred, and they received the Executive approval. 

The debates upon these bills were, at times, very stormy, and 
their fate doubtful. General Cass was often referred to by both 
parties. The ultras endeavored to upset his arguments and de- 
molish his doctrines. Anxious to allay the exciting elements that 
appeared in all directions, and avert the danger of dissolution, 
toward which he believed the country rapidly progressing, he was 
constantly at his post in the Senate throughout the entire time. His 
policy was to soften, if possible, the asperities of exciting topics 
and manfully battle for the Constitution and the Union, leaving 
it for time and truth to vindicate the correctness of his doctrines, 



OF LEWIS CASS. 699 

and the integrity of his purposes. If his course did not meet 
with the a]3proval of all, it at least entitled him to their respect. 
He gave his views in full, and unhesitatingly, upon the fugitive 
slave bill ; and, that there might not thereafter be any misappre- 
hension of his sentiments upon slavery, in the abstract, he ad- 
dressed the Senate upon that point also. Neither did he withhold 
comment upon the danger of disunion, and its inevitable calami- 
ties. And as some of the members from the south had intimated 
that, in case of dissolution, their fellow-citizens would thereafter 
no longer be "hewers of wood and drawers of water'' to the 
north, he showed the futility of such insane hopes. That he may 
be rightly understood by our readers on these points, we extract 
a portion of his remarks : 

" The provision in the Constitution respecting the recapture of 
slaves has been too often and grossly violated and neglected. 
Every dictate of justice requires a law more efficient on that sub- 
ject, and more efficiently executed. Such a law, with proper 
provisions, shall not want my vote. And this Wilmot proviso, 
unnecessary and unconstitutional as it is, has justly given great 
offense to the south. I trust and believe its days are numbered. 
But allow me to say, sir, that when southern gentlemen attribute 
the interference of the north w^ith the subject of slavery to any 
serious calculation about the balance of political power or of ma- 
terial interest, they are in a great error. It originates in other 
feelings. The spirit of inquiry is one of the marked characteris- 
tics of the age in which we live. It penetrates everywhere ; there 
is nothing concealed from its research. Even the hifi^hest and 
holiest things are assailed. Why, sir, the rights of property in 
the south are attacked ; and so they are in the north. There are 
men w^ho contend that slaves should not be held in bondage, and 
there are men who contend, with equal pertinacity, that no one 
should hold land, but that all things should be in common. The 
marriage condition is assailed ; the domestic relations are assailed; 
the being and the attributes of God are assailed ; and strenuous 
efforts are making to overrun the whole constitution of society. 
' Error of opinion,' said Mr. Jefferson, ' may be tolerated where 
reason is 'left free to combat it.' Memorable words, and as true 
as they are wise. If the schoolmaster is abroad, he takes with him 
a great many unsound opinions, which, however, can only become 
dangerous by being met with resistance instead of argument. 



700 LIF.E AND TIMES 

I have said, sir, tliat the southern gentlemen have an easy task 
before them. They feel their wrongs and express their feeling 
in no measured terms, and they are supported and applauded 
by a constituency which feels as they do. But moderate men in 
the north and west are placed in very different circumstances. 
They are endeavoring to check the excitement ; they are throwing 
themselves into the breach ; and yet their condition is not at all 
appreciated here, nor are they spared in the general denunciations 
that are used. We hear this every day, sir, and we are becoming 
very impatient. Why, sir, the honorable senator from Virginia, 
[Mr. Mason,] whom this whole Senate holds in the highest respect, 
and deservedly so, upon the introduction of a bill providing a 
more efficient mode of recapturing fugitive slaves, said, and re- 
peated, I believe, many times, that it would do no good ; that he 
knew it would do no good. What he said I thought miglit be 
translated into this: You are all a set of knaves at the north and 
west, and, legislate as we may, the law will be disregarded, and 
the slaves retained. This was not his language, and I am sure it 
was not his idea, and it is perhaps an extreme conclusion from 
what he said ; but there is still too much foundation for complaint 
at such intimations. They do no good." 

Mr. Mason, (interposing.) Certainly nothing was further from 
me than intimating the idea that they were a parcel of knaves at 
the north ; but they were disloyal to that provision in the Consti- 
tution. Their legislation shows it; and because of that disloyalty 
I was afraid that no such law could be executed there. 

Mr. Cass resumed. " I said that my words were too strong. 
Still, sir, I will add that these continued reproaches, denunciations, 
I may say, will necessarily provoke recrimination, and may go far 
toward converting a just cause into an unjust one. Why, sir, it is 
only a day or two since one of the most accomplished members of 
this body told us, in substance, that if a dissolution of the Union 
should take place, the northern portion, containing twelve millions 
of people of the Anglo-Saxon race, and embracing regions among 
the most fertile on the face of the globe, would be utterly destroyed; 
that their cities would become like Tadmor, their hills like Gilboa, 
their fields like the Campagna, and themselves without prosperity, 
without hope ; that grass would grow in their high places, and 
that they would become like modern Tyre, while the southern cities 
would become like ancient Tyre, the entrejyots of the commerce 



OF LEWIS CASS. VOl 

of the world. All this grates harshly upon my ear. I do not 
want any man to tell me what this Union would lose, north or 
south, by a dissolution. It is enough for me to know that, if not 
fatal to both, it would check the prosperity of both, and lead to 
consequences which no wise man can contemplate without dismay, 
I am an American, with the most kindly feelings to every portion ) 
of our beloved country. Its strength is in its union ; its prosper- i 
ity in its union ; its hopes in its union. I do not want any one to i 
come here to tell me the evils the north would suffer from a disso- \ 
lution, or the south would suffer from a dissolution. I need no ! 
lesson upon that subject. If any one can explain to me what ad- \ 
vantage either section would gain by a separation, I might survey 
such a prospect with less apprehension than I now do. Southern 
gentlemen will allow me to say, and I know they will appreciate 
the feelings with which I say it, for I have given proof of my desire 
to do them justice by the sacrifice of my political position, that they 
jDlace the defense of slavery upon considerations which do not suit 
the spirit of the age. There is no use in going back to the days 
of the patriarchs, and tracing the history and condition of slavery 
from that time to our own day, and proving its compatibility with 
the word of God and the wants of man. They have a much bet- 
ter foundation for their rights to rest upon than any such process. 
Slavery is an existing institution in the south, for which no living 
man is responsible ; it is interwoven into the very texture of 
society. Between three and four millions of people, diff'erifig in 
race and color from the predominant caste, are held in bondage. 
I have seen a good deal of slavery, and I believe its evils are 
much magnified, and that the slaves generally in our southern 
States are treated with as much kindness and consideration as are 
compatible with this relative condition of bond and free, and cer- 
tainly as well as they would be treated in the north, if we had 
slaves there. I do not see, myself, how such a mass of human 
beings can be set free. Emancipation, unless the work, I may 
say, of ages, would equally destroy the whites and the blacks. 
God, in his providence, may bring it about. I do not see that men 
can. It is a question which concerns the southern States alone. 
They have every motive to deal with it justly and wisely, and 
every interference from abroad but adds to the difiiculty of the 
position, and creates a natural reaction in every southern mind. 
Unfortunately, sir, every man who does not believe that slavery 



/ 



702 LIFE AND TIMES 

is the best condition of human society, and that a community 
never prospered as it might do without it, is too apt to be 
considered in the south as a northern fanatic, regardless alike of 
their rights and of the compromises of the Constitution. 

" Now, sir, I do not believe this, and no consideration on earth 
can induce me to say so. I believe that slavery is a great misfor- 
tune for any country ; but the existing institution I have neither 
the power nor the will to touch. On the other hand, every man 
in the north who does not believe it to be his duty to enter into a 
crusade against the south, and to cover the country with blood 
and conflagration to abolish slavery, is considered by a large por- 
tion of his fellow-citizens as a dough-face — that is the cant term — 
sold by his hopes or fears to the south. Dough-faces^ indeed! 
Which requires greater moral courage, to keep foremost among 
the foremost in times of excitement, and to minister to the popular 
feeling where we live, or to endeavor to moderate it, to hold back, 
to survey the whole subject coolly and impartially, and to restore 
harmony to a distracted country? The former swim with the 
current, the latter against it ; and it needs little knowledge of 
man to know which is the dough-face^ if I may use that opprobri- 
ous terra. Mirabeau told the French Convention, long since, that 
names were things. They are so, and many a good cause has 
been lost because it had a bad name. And the condition I have 
depicted, is that which is occupied by every man who avoids ex- 
treme^ in periods of great excitement, whether that excitement is 
moral, social, political, or religious. History is full of the most 
impressive lessons on this subject. While the excitement con- 
tinues, you may as well say to the whirlwind, stop, and expect to 
be obeyed, as to endeavor to check its progress till time and reason 
come to your aid. 

Where all this is to end, I am not presumptuous enough to try 
to foretell. Hard thoughts are followed by hard words, and if 
these are not followed by hard blows, it will be owing more to the 
mercy of God than to the wisdom or moderation of man. I will 
merely remark, in conclusion, that the senator from Alabama, 
[Mr. Clemens,] has alluded to a peaceable dissolution of the Union. 
He will pardon me for saying, that I hope no one will delude him- 
self with any such expectation. If it does not bring disappoint- 
ment, the history of the world has been written to no purpose. In 
political convulsions, like that which would attend the breaking up 



OF LEWIS CASS. 703 

of this Confederacy, the appeal from reason to force is as sure to 
follow, as the niglit succeeds the day. May He who guided our 
fathers in times of peril, direct us in the paths of peace and / 
safety ! " 

Mr. Clay. — I thank the honorable senator from Michigan for the 
few remarks which he has just addressed to the Senate; and I beg 
leave to say, sir, that I have not a particle of doubt that the 
speech, the short, and to me, grateful speech, that he made the 
other day, was perfectly spontaneous and unpremeditated. I do 
not know when I have beard from any senator the utterance of 
sentiments with more pleasure, tban I did those from the honora- 
ble senator from Michigan on the occasion to which I allude. 
And, sir, allow me to say, that the language in which the gentle- 
man has just closed his short address to the Senate, tbat it is 
" ultraism " of which this country, at this moment, stands in so 
much danger, is founded, I lament to say, too much in truth. 

General Cass conscientiously discharged his duty throughout 
this entire session : he was then content with his labor, and at 
no moment since has he regretted his votes or his public conduct. 

The compromise measures having been consummated by Con- 
gress, a disposition was manifested, by several of the prominent 
members, to build thereupon a new party organization, under the 
cognomen of the Union Paktt. During this stormy period, 
statesmen and party leaders who had for years been at the anti- 
podes of each other, in political movements, had co-operated in 
legislation. Senators and members of the House of Eepresenta- 
tives, both of the Whig and Democratic parties, united in a 
moment of peril to carry out measures, just in themselves, and, 
as they believed, essential to the salvation of the country. Gen- 
eral Cass was one of the number to add his gigantic efforts in 
behalf of the integrity and perpetuity of the Constitution. This 
common object accomplished, it was evident to him that eacli of 
these parties should be left free to pursue its future course unem- 
barrassed by any new scheme of mutual co-operation. He had 
lived a Democrat during his days that were passed, and he 
meant to, live a Democrat during his days, however few, that 
were to come, believing that the duration of this government 
is closely interwoven with tlie duration of that party. He, there- 
fore, declined the overture, and discountenanced the project. 
General Cass, for his course in the Senate during this period, 



704 LIFE AND TIMES 

■was honored with many flattering testimonials of respect by his 
fellow-citizens in various parts of the country. Among others, 
the Democracy of Baltimore, by the hand of Francis Gallagher, 
presented him with a cane cut from a hickory tree at the Hermit- 
age, as a testimonial of their high appreciation of his military and 
civil services, through a long life of devotion to the best interests 
of the country. The presentation took place at the Exchange 
Hotel in Baltimore, September thirteenth, 1850, in the presence 
of the immense assemblage which had gathered together to wel- 
come him to the Monumental City. 

Durino- the interval of the Senate in 1851, General Cass was 
waited upon at his residence in Detroit, by Mr. G. B, Post, of 
California, on the fifth of September, who, on behalf of the citizens 
of that young and chivalrous State, made to the General a very 
appropriate address, and delivered to him a magnificent ring of 
California gold and manufacture. It was designed by the admirers 
of General Cass in that State, as a token of their personal regard 
for him, and an acknowledgment of him as one of their earliest, 
most devoted, and ablest friends. In accepting this signet of 
esteem, General Cass made a suitable response, and in the 
course of it, commenting npon the thirty-one communities, " while 
independent, are yet dependent upon one another," exclaimed in 
all the fervor of a patriot: 

" God grant that no efibrt, whenever or wherever made, may 
put asunder what, by the blessing of Providence, the Constitution, 
formed by the wisdom and patriotism of our fathers, has joined 
too-ether! That dav, if it ever comes, will come in the wrath of 
God ; and I trust I shall not live to see it." 

It has often been reproached to General Cass that on the final 
passage of the fugitive slave act, he did not vote for it, and in the 
cant language of the day, he is said to " have dodged it." If by 
this be meant that General Cass kept out of the way, it is untrue, 
for he was in his seat when the act passed, and would not vote 
against it, on account of some action in the committee room, and 
would not vote for it, for reasons he has more than once explained 
in the Senate, and particularly in his speech on the Nebraska bill, 
February 20, 1854. The circumstances of his position clearly and 
satisftictorilyexplain his course and redeem him from all censure. 

When a fugitive slave bill was under consideration in the com- 
promise committee, General Cass proposed a clause, providing, 



OF LEWIS CASS. T05 

that when a fuo-ltive shoiild have been arrested and brought before 
the committing magistrate, if on the examination of the case it 
should be decided that he is a slave, it should then be the duty of 
such magistrate to ask of such fugitive if he still persisted in his 
denial that he was a slave, to require the claimant or his agent to 
give bond, without security, (for to require security of strangers 
would in most cases have defeated the recovery,) in the sum of 
one thousand dollars, conditioned, that on the arrival of such 
fugitive in the alledged county of his escape, he should have a 
trial by jury under the laws of the State, to ascertain if he were 
a free man or slave. The bond was to be transmitted to the 
United States District Attorney, who was required to take the 
necessary measures in the matter. It was urged by some of the 
southern gentlemen, in opposition to the proposition, that it was 
unnecessary, because the laws of all the slave States contained 
ample provision for a trial by jury for every alledged slave, 
claiming to be free, and that such was the state of public opinion, 
that the bar was always ready gratuitously to take up the cause 
of such a claimant having any reasonable show of right on his 
side. To this it was answered that in that case the arrangement 
could do no injury in the south, and that in the existing state of 
things in the north it would do great good, and would remove 
much objection to the law; that the right of trial by jury was 
dear to the American people, and more especially in cases of 
personal liberty; that in the excited condition of the free States 
it was the dictate of wisdom to render the law as little obnoxious 
as possible, consistently with the preservation in their integrity of 
the constitutional rights of the south, — and that this would be 
effected by the measure proposed, because no one could justly 
deny that the validity of a jury trial, in the county where the 
events occur, was just the security provided for fugitives of justice, 
whether black or white. General Cass stated to the committee, 
what indeed they already knew from his previous course, that he 
was ready to make the most stringent provisions necessary, and 
he voted against a trial by jury proposed to be given in the free 
State where the arrest might be made, and also against a proposi- 
tion for allowing a writ of habeas corptis, believing that these 
provisions would in practice altogether defeat the recovery of this 
class of persons. And he was the earliest in the session to call 
the attention of the Senate to this matter, and he uniformly 
45 



706 LIFE AND TIMES 

advocated the justice and necessity of more efficient provisions in 
relation to it. 

He also stated distinctly that with this provision of a trial by 
jnry, he should support the bill, but that without it he wonld not. 
A considerable majority of the committee, nearly all of them, in- 
deed, coincided in these views, and accepted the proposition, and 
among them were Mr. Clay and General Foote, and other southern 
senators, and the bill was reported to the Senate with this provi- 
sion in it. It will be in the recollection of members of the 
committee, and especially of General Foote, for it had been stated 
on the floor of the Senate, that General Cass made this declaration 
to the committee of the necessity of this jury trial clanse, and that 
without it the bill would not receive his support. 

When the bill reported by the compromise committee, with this 
clause in it, was taken up, Mr. Mason, of Virginia, moved a sub- 
stitute omitting this clause, which was adopted, and thus the 
provision deemed so important by General Cass, was lost. That 
it would have removed much of the dissatisfaction in the free 
States, is now certain, and would greatly have facilitated the 
execution of the law, and that while it rendered this act of justice 
to the feelings of one portion of the Union, it would not have 
worked the least injury to the rights of the other. 

August 19th, 1850, the fugitive slave bill being under consid- 
eration in the Senate, General Cass said : 

"When this subject was before the Compromise Committee, 
there was a general wish, and in that I fully concurred, that the 
main features of the act of 1793, upon this subject, so far as they 
were applicable, should be preserved, and that such changes as 
experience has shown to be necessary to a fair and just enforce- 
ment of the provisions of the Constitution for the surrender of 
fugitive slaves, should be introduced by way of amendment. The 
law was approved by Washington, and has now been in force for 
sixty years, and lays down, among others, four general principles, 
to which 1 am prepared to adhere : 

" 1. The right of the master to arrest his fugitive slave where- 
ever he may find him. 

" 2. His duty to carry him before a magistrate in the State 
where he is arrested, that the claim may be adjudged by him. 

" 3. The duty of the magistrate to examine the claim, and to 



OF LEWIS CASS. 707 

decide it, like other examining magistrates, without a jnry, and 
then to commit him to the custody of the master. 

" 4, The right of the master tlien to remove the shive to his 
residence. 

"At the time this law was passed, every justice of the peace 
throughout the Union was required to execute the duties under it. 
Since then, as we all know, the Supreme Court has decided that 
justices of the peace can not be called upon to execute the law, 
and the consequence is, that they have almost everywhere refused 
to do so. The master, seeking his slave, found his remedy a good 
one at the time, but now very ineffectual ; and this effort is one 
that imperiously requires a remedy; and this remedy I am willing 
to provide, fairly and honestly, and to make such other provisions 
as may be proper and necessary; but I desire for myself that the 
original act shall remain upon the statute book, and that the 
changes shown to be necessary should be made by way of amend- 
ment." 

On the same day, Mr. Dayton, of New Jersey, proj)osed to annul , 
the bill by an amendment, which contained the following_^r6'wso; 

"Provided, That, if the fugitive slave deny that he owes ser- 
vices to the claimant under the laws of the State where he was 
held, and after being duly cautioned as to the solemnity and con- 
sequence of an oath, shall sv,'ear to the same, the commissioner or 
judge shall forthwith summon a jmy of twelve men to try the 
right of the claimant, who shall be sworn to try the cause accord- 
ing to the evidence, and the commissioner or judge shall preside 
at the trial, and determine the competency of the proof." 

This proviso, if incorporated into the bill, would have been as 
effectual a denial of justice to the owners of fugitive slaves as a 
direct repeal of all laws upon the subject, and a refusal to jjass 
others. The amendment was rejected — yeas eleven, nays twenty- 
seven. General Cass voted in the nesfative. 

On the same day, Mr. Winthrop, of Massachusetts, proposed to 
amend the bill by adding thereto the following proviso : 

" Provided, however, that no certificate of any commissioner, as 
herein provided for, shall be an answer to a writ of habeas corjms, 
issued by any judge of any State or United States court who may 
be authorized by law to issue the said writ in other cases ; but it 
shall be the duty of the commissioner, or other oflBcer who may 
give any certificate in the summary manner provided for in this 



708 ^ LIFE AND TIMES 

bill, to inform tlie party claimed as a fugitive of his right to 
said writ of lidbeas corpus', and in case said supposed fugitive 
shall demand said writ, the forms, proceedings, and evidence shall 
be according to the law of the place, as in other cases where said 
writ is issued." 

This proviso, securing to the fugitive slave the right of the 
Jiahcas corpus^ if made a part of the bill, would as effectually have 
destroyed the bill and defeated the objects designed to be attained 
by its passage, as would the incor23oration of the right of trial by 
jury to the fugitive in the State where arrested. This amendment, 
also, was rejected. General Cass voting in the negative. 



OF LEWIS CASS. 709 



CHAPTER XLI. 

Opposition to the Compromise Measures — California— rublic Meeting in [New Yorli — General [^Cass 
Present — Wliat he said to the People — How they Received it — Ke-elected Senator for Six Tears. 

The compromise measures were intended as a finality; and it 
was hoped that the disturbing elements growing out of the subject 
of slavery were^put to rest. In looking forward into the future, 
statesmen beheld abolitionists trying to fan the embers of discord 
— and, if need be — disunion; but they did not anticipate opposi- 
tion in any other cj^uarter. They knew that the people of the north 
were prone to regard this domestic institution of the south with 
disfavor; and that, if they were called upon to vote directly upon 
the question in the abstract, they would negative its existence with 
extraordinary unanimity. 

California was a free State — the inhabitants of the new Terri- 
tories of New Mexico and Deseret would, at the proper time, 
decide the question for themselves — no more slave States were to 
be carved out of Texas — slavery in the District of Columbia was 
tolerated, and the law of 1793, with reference to the recapture of 
runaway slaves, made effectual. These, together, constituted the 
equilibrium of the Union: upon this altar were offered all opinions 
to appease dissension among individuals and independent sove- 
reignties of this widely-extended confederacy. 

With all the happy expectations which such a posture of 
public affairs justified, the thirty-first Congress adjourned its first 
session. The members went their several ways, from the proud 
capital of a magnificent nation, and traversed the highways of the 
country homeward to their constituencies. They who had given 
their voice and heart to the holy work of preserving intact the 
inteo-rity of the republic, were prouder than ever of their country. 
With rapture, and buoyant anticipations of a long careev of pros- 
perity and glory — ^unequaled in all the memories and traditions 
of the past — did they descant upon whatever of commerce — of 
ao-riculture — of manufactures — came within the range of their 

CD 



710 LIFE AND TIMES 

observation. On the contrary, they who had fought against peace 
— who had early and late proclaimed uncompromising opposition 
to the patriotic recommendations of the Senate committee of thir- 
teen — still nnrsed in their bosoms the feelings of disappointment 
and hate; and as they passed metropolis after metropolis — happy 
in the avocations of business — endeavored to shut their eyes to the 
fact, that this was the legitimate fruit of a Union tliat compromise 
ushered into existence, and whose guardian this goddess ever 
since had been. And when they reached their homes, delighted 
were they to learn that their speeches, transmitted in advance by 
the post, had produced the desired effect. Excitement, instead of 
being allayed, was on the increase ; and discussion, instead of 
being more subdued and conciliatory, w^as more earnest and bitter 
among the people and the public presses. The compromise mea- 
sures, especially the fugitive slave law — as it was called — were 
the constant themes of angry dispute; and what was still more 
remarkable to the philosopher in his closet, whilst the work of 
Congress was denounced by northern ultraists as conceding too 
much to the claims of their southern brethren, it w^as at the same 
time rejected by the southern secessionists as worthless. Extremes 
again met. This state of the public feeling was called by some, 
fanaticism; by others, revenge; and by all, as indicative of a 
determination to sunder, if practicable, the bond of union. 

Citizens in many of the larger marts of trade viewed this atti- 
tude of the abolitionists and secessionists with alarm. The 
emporium of the empire State could ill afford to lose the advan- 
tages derived from all parts of the confederacy, and which its 
inhabitants expected to lose, in great part, if civil dissension and 
dismemberment ensued. To those men who had been foremost 
in the compromise legislation of Congress, they felt grateful, and 
as the northern members of both Houses were on their way home- 
ward, tendered them a public reception. 

General Cass was among this number. He had labored, in un- 
wavering obedience to the Constitution, in and out of Congress; 
and in November, 1850, at his public reception by the citizens 
of the city of New York, he addressed them upon the exciting 
topics that now rocked the Union of these States from center 
to circumference. 

Adverting to the progress of the compromise measures through 
Congress, the sacrifices made by all to ensure their adoption, the 



OF LEWIS CASS. Til 

setting aside political differences to accomplisli one great object, 
he remarked: 

" And where, in the long annals of mankind, do we find a people 
80 higlily favored as we are at this moment, when we seem to be 
struck with judicial blindness — almost ready, I may say, in the 
language of scripture, to rush upon the thick bosses of Jehovah's 
buckler ? The sun never shone upon a country as free and so 
prosperous as this, where human freedom finds less of oppression, 
the human intellect less restraint, or human industry less oppo- 
sition. And what overpowering object is before us which would 
justify the sacrifice of all these blessings ? Why is one section 
of the country arrayed against another, and why are men found 
in it who are both ready to sever our constitutional ties by the 
sword, and to commit the future of this great republic to those 
dissensions whose consequences no man can foresee ? Is there any 
advantage which disunion would make greater? Any security 
for the present, or hope for the future, which would be increased 
by separation ? ISTone, none. I repeat, then, whence this agita- 
tion, this alarm, these excited feelings, these hard thoughts, which 
are spoken in hard words, and are fast leading to hard deeds ? 
Why is it that the series of measures adopted in the last session 
of Congress, reasonable and equitable under the circumstances, 
and approved by a large majority of the community, why is it 
that these have failed to calm the excitement, and restore har- 
mony and tranquillity to the country ? These various acts 
formed part of one plan of compromise, and should be regarded 
as pledging the faith of every portion of the country to their faith- 
ful observance, and if they are so in spirit and truth, we may 
speedily look forward to that good old fraternal feeling which 
brought us together, and which alone can keep us together. But, 
unfortunately, the public mind in the north has been much 
excited by the passage of one of those laws: that for carrying into 
effect the provisions of the Constitution on the subject of fugitive 
slaves, and it has been misquoted and misrepresented with such a 
boldness of perversion, unknown before in our political controver- 
sies, that its repeal is loudly called for in one portion of the 
country, and feared, if not anticipated, in another. For myself, I 
believe the repeal of that law would dissolve this confederation, 
as certainly as the morrow's sun will rise upon it. I believe the 
south would consider it a dereliction of constitutional duty, which 



712 LIFE AND TIMES 

would leave inoperative a great constitutional obligation, and a 
gross violation of political faith, wliicli would destroy all confi- 
dence for the future, and that they would seek their remedy by 
assuming an independent station among the nations of the earth; 
and believing this, I, for one, shall oppose its repeal. 

" I am among those who acknowledge the stability of the con- 
stitutional obligation to surrender fugitives from justice, and 
fugitives from labor. I am among those who believe that the 
Constitution is a law high enough for American citizens, in the 
regulation of their civil rights and duties, subject to the exposition 
of the proper tribunals. And I am satisfied that the act of 1793, 
on the subject of fugitive slaves, as I have already taken occasion 
to say in the Senate, had become inefficient, and almost useless, 
and principally from the adverse action of the State legislatures. 
And nothing could more strikingly demonstrate the truth of this 
proposition, than the fact stated by Mr. Webster, and confirmed 
by Mr. Quincy, that in the State of Massachusetts, where the 
oj^position to the present law has been most general and violent, 
no fugitive slave has ever been surrendered since the adoption of 
the Constitution. It is difficult to deal with such a state of things, 
and at the same time preserve our respect for those who seek to 
make political capital out of this agitation, so utterly unsuited to the 
occasion. And what renders this course the more extraordinary, is 
the fact that it has never been shown, so far as I know, that one 
single person, not a slave, has ever been surrendered anywhere 
under the Constitution. And yet, to read the violent speeches 
and essays upon this subject, one might suppose that the sending 
of free persons into bondage was an every-day occurrence, which 
called for universal indignation. The recent disclosures which 
have been made since the new law went into effect, and which 
show a fugitive slave population in the non-slaveholding States, 
far beyond what any one had anticipated, is the best commentary 
upon the inefficiency of the former statutory provisions, and the 
best justification for the complaints of the south. What, then, my 
fellow-citizens, do we want? We want the restoration of harmony 
and tranquillity to every portion, however scattered, of this great 
republic, stretching from the shores that look upon Europe, to those 
which look upon the islands and continent of Asia. All want the 
peaceful enjoyment of our priceless institutions, and especially so 
do we who are approaching our three score years and ten, who 



OF LEWIS CASS. T13 

have passed our lives happily under this government, and who 
desire to cast off the fearful apprehension that, long as we have 
lived, we maj yet outlive the Constitution of our country. Am- 
erican citizens from the cradle, in God's good time, we hope to 
descend as American citizens to the grave, with the conviction 
that after the religion of His Son, we leave to our children the 
richest heritage that ever descended to a people. We want no 
more discord, excitement, agitation, but that the legislation, the 
business, the intercourse of the countrv, should o-o on as in our 
former days of true union, with all the prosperity which belongs 
to such a state of things. ISTo more crusades against the south, 
no more public assemblies to denounce and vilify its people and 
its institutions, no more traveling missionaries to excite us against 
one another, and especially no more foreign traveling missionaries 
who have at home objects of misery quite enough to engage all 
their philanthropy, and exhaust all their charity, without cuming 
here to instruct us how to deal with a great question of consti- 
tutional duty. 

" We want the ministers of religion to preach the gospel of the 
meek and lowly Jesus, and not to convert their pulpits into polit- 
ical tribunes, to inculcate the doctrine utterly inconsistent with 
the existence of social order, that everv man has the rio:ht to 
resist the laws of his country, when they differ from a standard 
he chooses to establish for himself, and of w'hose extent and obli- 
gations he must be the judge. This is not the example which was 
left us by our Divine Master and his apostles. And who can 
point to a single advantage which has resulted from all this vio- 
lence, much, indeed, of it, virulence ? Has the prospect of eman- 
cipation in a single State been advanced by it ? No, no. By a 
natural spirit of re-action — a spirit which promjDts all of us to 
resist foreign interference, the institution of slavery is more firmly 
established in all the slaveholding States than it was thirty years 
ago. In the operations of an excited zeal, the fearful consequences 
involved in the question of emancipating three and a half millions 
of human beings, of a different race, habits, color, — in everything, 
indeed, that constitutes human identity, living in the midst of an- 
other and superior caste, are utterly disregarded, and men rashly 
deal with such a subject as they would deal with a question of 
common domestic economy. Well it is for the south that this 
whole matter belongs to themselves. There it can only be left. 



T14 LIFE AND TIMES 

and there the Constitution lias left it. If there are any of us in 
the non-slaveholding States so afflicted with a superabundant 
philanthropy that we can not be easy without philanthropic action, 
if we will but stand in our own doors, we can look around and 
see objects enough for our charitable exertion, without expanding 
and expending this sympathetic feeling where the cost to us is as 
little as the advantage to others. It is a cheap way to be chari- 
table, looking at its results upon the peace of the country. We 
have just been told, in a public meeting at Worcester, by a 
modest English missionary, who has come over here to enlighten 
our igncrance, and stimulate our virtuous indignation, that the 
'idea of abolition had taken root, and could no more be put 
down than the waves of the broad Atlantic could be rolled back, 
&c.' And this is precisely what the south fears, and what a 
large portion of the south believes, and what increases the fearful 
difficulty of their position, and of ours. They see in all these 
movements an eternal attack upon the institutions of independent 
States, and they foresee the time when the barriers of the Consti- 
tution will be broken down, and this object pursued till accom- 
plished or defeated by some terrible crisis. The south is commit- 
ting no aggression upon the north. They do not claim the right 
to interfere in our domestic relations, and to mould them to their 
own pleasure instead of ours. I firmly believe that a great major- 
ity of the southern people would be fully satisfied with the com- 
promise measures of the last session of Congress, if these are 
faithfully adhered to, and this perpetual warfare upon them aoid 
their institutions terminated. Tliey acknowledge the institutions 
of the Constitution, and are willing to abide by them. Are we 
willing to meet them in this patriotic duty ? I trust we are, fellow- 
citizens ; I feel sure we are. But we have passed the season of 
empty professions, and need action, vigorous, united, constitutional 
action. We have approached the brink of destruction, and if we 
do not speedily retrace our steps we shall be precij)itated into the 
abyss. These times and this question are above party. It is not 
a difierence of opinion respecting modes of administration which 
divides us, but it involves the very existence of the confederation. 
Wherever, or whenever, or however this question comes up, let us 
forget that we are party politicians, and remember only that we 
are Americans. Let us follow the example of the venerable 
Kentucky statesman, doing battle for his country towards the 



OF LEWIS CASS. , T15 

close of a long and illustrious life, with all the intellect and energy 
of his youth, and forgetting his party associations in the higher 
party of the Constitution. Let us discountenance all further 
agitation of this whole subject. Let us rest ujjon the compromise, 
firmly and honestly. Let us satisf}^ the people of the south, that 
the Constitution is a law which is high enough for patriotic Am- 
ericans, and that for us and our households, we will hold by our 
obligations. If we do this, all will be well. If we do not, we 
shall add another to the long list of nations, unworthy of the 
blessings acquired for them by preceding generations, and inca- 
pable of maintaining them, but none as signally as we." 

This speech was received with the highest marks of approbation 
by a thronged and intelligent auditory; and the words of admo- 
nition which he thus feelingly uttered should be borne in mind by 
every peace-loving and law-abiding man, no matter what may be, 
or what may have been, his political faith. 

On the third of March, 1851, his senatorial term again expired. 
The people of Michigan, in anticipation of this event, elected 
members to their legislature, in the fall of 1850, who were favor- 
able to his re-election. They were proud of their representative 
in the Senate of the United States. Their sentiments, on all the 
prominent measures that occupied the public mind, had been truly 
represented, and they wished General Cass to continue in his lofty 
position. He, in truth, was quite indiflferent about it. If he con- 
sulted his own personal inclination, he much preferred the quie- 
tude of retirement. He was urged, however, by distinguished 
politicians, at home and abroad, to prolong his senatorial career. 
Yielding to their solicitations, he consented to do so ; and the 
result was, that the legislature of Michigan, on the first day of its 
session in the winter of 1851, re-elected him senator for the term 
of six years from the fourth of March following. This high trust 
of his fellow-citizens, again thus renewed, he cheerfully accepted, 
and is now discharging its duties with his accustomed ability, and 
to the satisfaction of intelligent constituents. 

During the time General Cass has been in the Senate, he has 
often been invited to deliver addresses before literary societies, 
agricultural associations, and other public bodies, in difiierent parts 
of the country; and frequently he has gratified the request of his 
admirers. Always attentive to his public duties, yet he has so 
economized his time as to find an opportunity for these literary 



716 LIFE AND TIMES 

labors. A perusal of these efforts of an active mind wonld show 
the reader how mnch of vigor and freshness it continues to impart 
to them. Well versed in the literature and history of the present 
and past ages, he adds to this, in all his writings, the observations 
of a long experience in the affairs of mankind, and a more inti- 
mate knowledge than a stranger to him would suppose, of all the 
practical arts and sciences in daily use among the avocations of 
his fellow-citizens. These attainments he has acquired by con- 
stantly employing his time and thoughts, either in study, reading, 
or observation. He has not listlessly passed away his time. 



OF LEWIS CASS. 717 



CHAPTER Xm. 

G''iicral Cass again at his Post— Preparations for another Presidential Contest— General Cass a Candi- 
date—His Friends- The Xominating Canvass— Baltimore Convention— The Kesult— The Cuban 
Question — The Views of General Cass. 

General Cass resumed liis seat in the Senate on the first Mon- 
day of December, ] 851, under his renewed appointment. He was 
l^romptly at his post at the commencement of the session. Snch 
may be said of him at every session. He answers at the first roll- 
call, and remains nniformly, withont reference to weather or cli- 
mate, till the session is closed. It has been his remarkable good 
fortune rarely to be detained at his rooms by illness. This nnin- 
terrnpted health is not, however, the work of chance. He takes 
care of it. He is a man of correct deportment and regular habits. 
The sensation of drunkenness he never experienced; and as for 
gluttony or debauchery, no person has publicly laid these vices 
at his door, or had cause for so doing. He is a plain man — unos- 
tentatious in appearance and habits, but an adherent to the ordi- 
nary rules of well-bred society. 

When this session of Congress opened, it was apparent that no 
very important measures would engage its attention. The admin- 
istration had none to bring forward that would excite the public 
mind. The attention of the country was less upon Congress than 
upon the politicians outside of the capital. Another Presidential 
canvass was fast approaching, and the two leading political jDarties 
were initiating movements j^reparatory to it. As usual among 
the Democracy, the names of several eminent statesmen were 
mentioned for the Presidential candidate in 1852. 

District and State conventions were held in various localities, 
and delegates appointed. The name of General Cass was on the 
tongues of his old admirers, and district after district. State after 
State declared for him, insomuch, that it became evident to the 
unprejudiced that his friends would have a controlling influence 
in the deliberations of the convention. 

The public presses, of all preferences, conducted the canvass for 



718 LIFE AND TIMES 



the election of delegates with fairness. As the day for the assem- 
bling of the convention drew near, most, if not all, of the distin- 
guished men who were spoken of for the first office in the M'orld, 
were interrogated by Mr. Scott, of Richmond, Virginia, relative 
to the slavery question. General Cass gave a candid and promjit 
reply — precisely such a reply, we presume, as was expected by his 
interrogator. It was a mere rehearsal, of course, of what he had 
said a hundred times before, both publicly and privately. Having 
had no motive for a concealment of his views, at any time since 
he came before the public, it is not extravagant to insist that 
everybody who had taken interest enough to inquire was fully 
acquainted with them. 

It has been customary, for many years, for leading men in the 
several State delegations to compare notes in "Washington, just 
prior to the holding of the national nominating conventions. This 
rery proper custom was observed in 1852, with this difference — 
that they came there in larger numbers. The federal capital was 
nnprecedentedly full of active and scheming delegates the last 
week in May. They were there without resjject to seniority, oppo- 
sition, or age, from all parts. That was not all. An immense 
lobby came also. The city of Washington, for four days, at least, 
was one vast caucus. As General Cass was evidently ahead in 
this race for the nomination, the friends of the weaker candidates 
naturally were inclined to form combinations against him. His 
friends, however, gallantly contested the point with good humor, 
and the caucus adjourned to the neighboring city of Baltimore — 
the friends of the several candidates vieing with each other in this 
untiring and energetic contest. 

The convention assembled at Market Hall on the first day of 
June, and organized by the appointment of John "W. Davis, of 
Indiana, as president. Mr. Davis having j)reviously served one 
term as speaker of the House of Kepresentatives, was possessed of 
all the jDarliamentary experience that was necessary for the orderly 
conduct of the convention. Among the members of the conven- 
tion were several of the most distinguished men in the Democratic 
party. The primary conventions had been, in this regard, pecu- 
liarly fortunate. 

Several days were consumed in deciding upon contested seats. 
A variety of resolutions were offered for the consideration of the 
convention, and all of which, so far as the slavery question was 



OF LEWIS CASS. 719 

concerned, invoked the delegates to regard the compromise meas- 
ures of 1850 as a finality. In the meantime, an intense excitement 
prevailed on the question of nominees. In many States, several 
delegates were appointed to represent the same district. There 
were in attendance about five hundred persons to cast the two 
hundred and ninety votes — the legitimate number of votes entitled 
to be cast in the convention. 

The balloting for a candidate for President commenced on the 
third day of the session, and ran into the fifth day ere a result was 
reached. Forty -nine times each State was called for its vote ; 
each ballot of this unparalleled series, and the vote of each State, 
was watched with the most eager curiosity, it is within the limits of 
truth to say, by an audience of five thousand persons. General 
Cass and one of his competitors in the convention of 1818, Mr. 
Buchanan, of Pennsylvania, for a great number of ballots were 
the highest. General Cass leading all. Then, for a series of bal- 
lots, Mr. Douglass, of Illinois, crowded hard upon General Cass, 
but did not come up even, and soon fell back, the General still 
holding the lead with an excellent spirit. "When the break oc- 
curred in Mr. Douglass' forces and his vote fell, General Cass rose 
suddenly to over one hundred votes, having fallen a few moments 
before to the low number — low for Mm — of twenty-five. This 
sudden change of front disconcerted the opposition; and as it was 
toward the close of the day on Friday, a motion to adjourn until 
the next morning, after one unsuccessful attempt, was carried. 

Upon the assembling of the delegates the next morning, the 
convention again proceeded with the ballotings. The friends of 
General Cass still clung with unyielding tenacity to their favorite, 
and his vote reached a higher number than at any time before. 
His leading competitor this morning — the fifth and last day of the 
session — was Governor Marcy, of ISTew York. This distinguished 
statesman outstripped all the other competitors of the General, he 
having received, on one ballot, ninety-eight votes. 

Thirty -four ballots had been now taken, and the delegates in all 
parts of the hall began to suggest an adjournment sine die, with- 
out making a nomination. They grew weary of their labors. It 
was sufficiently manifest to every observer, that no name had yet 
been brought forward strong enough to overthrow General Cass. 
There was only one wiiy to beat him, and that was to rescind the 
two-third rule, and by a combination upon one of his distinguished 



720 LIFE AND TIMES 

competitors, produce a result by a majority vote. This plan, if 
seriously meditated, was discovered to be impracticable, because 
of the impossibility of union. As it was, without reference to 
the question whether a union could be formed, the friends of Gen- 
eral Cass comprised more than one third of the convention. It 
was evident, therefore, to all, that no person could get the requi- 
site two tliird number, unless they gave way. 

Virginia had uniformly voted for Mr. Buchanan, until the 
morning of the fifth day, when she cast her vote for Daniel S. 
Dickinson, of New York. Mr. Dickinson immediately declined 
this honorable manifestation of regard, and the delegation from 
this State retired from the hall of the convention for consultation. 
Upon their return, upon the call of the thirty-fifth ballot, they cast 
the vote of the State for Franklin Pierce, of New Hampshire. Ifc 
created a profound sensation. It was a new name in that body; 
he was favorably known to the members ; he was of the pure 
Democratic stock, and foremost among the first in his own State, 
He had filled several important official positions in the councils of 
his own State and of the nation ; he had served with gallantry on 
the bloody fields of Mexico, at the head of his brigade, in the 
prime of life, and was competent to discharge the duties of the 
Presidency. 

The convention proceeded more rapidly with several successive 
ballots, and on the forty-ninth he was declared the nominee, amid 
the most tumultuous acclamation. The roar of the cannon pro- 
claimed the result to the people, and the lightning disseminated 
the intelligence to the four quarters of the Union. 

General Cass, throughout this severe and protracted trial, re- 
mained at his quarters in the city of Washington. He was 
grateful for the constancy of his friends, and was aware of what 
would be the result of the labors of the convention ere they reached 
it; he was content, and upon the adjournment of Congress advo- 
cated the Democratic ticket. He called upon his fellow-citizens to 
give it an enthusiastic support ; and Michigan stood shoulder to 
shoulder with the Democracy of the nation ; her electoral vote 
was given to Pierce and King. 

The Cuba question had been prominent in the canvass, and it 
had more or less to do in the election of the members of the nomi- 
nating convention. General Cass had been pronounced an " old 
fogy," in certain quarters, because of his disinclination to embark 



OF LEWIS CASS. 721 

in the wild projects of a class of his fellow-citizens, called Filli. 
husters. They did not consider him fast enough for their purposes. 
He was in favor of the annexation of the queen island of the West 
Indies to the United States, but not vi et armis ; he was against 
the violation of the law or courtesy of nations ; he viewed with 
disfavor any violation of treaties, solemnly made between his own 
government and Spain ; he believed, and still believes, that this 
lovely isle should not be torn, by American hands, from its parent 
government. Spain must either part with it for a consideration, 
or it will, in due course of time, of its own accord, drop into the 
lap of the American Union. 

The subject came before the Senate at the ensuing session of 
Congress. There evidently was a growing restlessness among 
some portions of the people. Eumors of expeditions to take pos- 
session of the island, and establish a new government, succeeded 
each other day after day ; the attention of our national legislature 
was called to it, and it became necessary for them to speak out, 
and take their position before the world. 

General Cass would have been strangely inconsistent if he had 
declined the call. With his sentiments matured upon this subject, 
he was ready to do so. On the eighteenth of January, 1853, the 
Senate proceeded to consider the joint resolutions declaratory of 
the views of the United States respecting colonization on the 
N'orth American continent by European powers, and respecting 
the Island of Cuba. The resolutions were worded as follows : 

'-'-Be it resohed^ c&c. That the United States do hereby declare 
that ' the American continents, by the free and independent con. 
dition which they have assumed and maintain, are henceforth not 
to be considered as subjects for future colonization by any Euro- 
pean power.' And while 'existing riglits should be respected,' 
and will be by the United States, they owe it to their own 'safety 
and interests' to announce, as they now do, 'that no future Euro- 
pean colony or dominion shall, with their consent, be planted or 
established on any part of the North American continent.' And 
should the attempt be made, they thus deliberately declare that it 
will be viewed as an act originating in motives regardless of their 
interests and their safety, and which will leave them free to adopt 
such measures as an independent nation may justly adopt in 
defense of its rights and its honor. 
46 



Y22 LIFE AND TIMES 

"^nr7 he it further resolved^ That while the United States dis- 
claim any designs upon the Island of Cuba inconsistent with the 
laws of nations and their duties to Spain, they consider it due to 
the vast importance of the subject, to make known, in this solemn 
manner, that they should view all efforts on the part of any other 
power to procure possession, whether peaceably or forcibly, of that 
island, which, as a naval or military position, must, under circum- 
stances easy to be foreseen, become dangerous to their southern 
coast, to the Gulf of Mexico, and to the mouth of the Mississippi, 
as unfriendly acts, directed against them, to be resisted by all the 
means in their power." 

The question pending was on the following amendment offered 
by Mr. Hale : 

'•^And le it furtlier resolved^ That while the United States, in 
like manner, disclaim any designs upon Canada, inconsistent with 
the laws of nations, and with their duties to Great Britain, they 
consider it due to the vast importance of the subject to make 
known, in this most solemn manner, that they should view all 
efforts on the part of any other power to procure possession, either 
peaceably or forcibly, of that province, (which, as a naval or mil- 
itary position must, under circumstances easy to be foreseen, 
become dangerous to their northern boundary, and to the lakes,) 
as unfriendly acts directed against them, to be resisted by all the 
means in their power," 

General Cass, without reserve, expressed his views relative to 
the project of reconverting the American continent into Euro- 
pean colonies, and likewise respecting the position it was our duty 
to assume and maintain. With reference to the second resolution, 
looking to the present and future of th^ Island of Cuba, he said : 
" I desire the possession of Cuba, earnestly desire it, whenever 
we can justly obtain it, and the sooner that time comes the better; 
for then will be finally settled one of the most delicate questions 
— the most delicate, perhaps, in our foreign policy, always liable 
to embarrass us by grave conjectures, more easily to be foreseen 
than to be guarded against. As to the means, though as I have 
already said, I am prepared to advocate its purchase, even at the 
most liberal price, still I should prefer its acquisition by the action 
of the people of Cuba — and a noble tribute it would be to our 
institutions — in the exercise of their power as an independeut 
nation, could they succeed, by any arrangement with Spain, in 



OF LEWIS CASS. T23 

procuring her recognition of that condition, or should they be able 
and prepared to establish their right to a place in the family 
of nations." 

He examined the questions of right and expediency; and then 
proceeded to develop his views on the most interesting topic of all, 
connected with the subject matter of the resolutions. Said he: 

" The Gulf of Mexico is the reservoir of that great river of the 
North American continent, whose importance it is as difficult to 
realize, as it is the value of the country, which must seek an outlet 
to the ocean through its waters. That country is nearly equal to 
all Europe in extent, embracing twenty-five degrees of latitude, 
and thirty-five of longitude upon the great circles of the globe. 
This vast basin extends from the summit of the Alleghany to the 
summit of the Eocky Mountains, and its population now equals 
eight millions. The man yet lives who was living when almost 
the first tree fell before the woodman's stroke in this great domain; 
and the man is now living who will live to see it contain one 
hundred millions of people. Already the hardy western pioneer 
has crossed the barrier of the Rocky Mountains, and the forest is 
giving way before human industry upon the very shores that look 
out upon China and Japan. The Mississippi is the great artery 
of this region, which, drawing its supplies from the fountains at 
the north, pours them into the ocean under a tropical sun, and 
drains, in its own course, and in the course of its mighty tributa- 
ries — tributaries in name, but equals and rivals in fact — the most 
magnificent empire which God, in his providence, has ever given 
to man to reclaim and enjoy. I have myself descended that great 
stream two thousand miles in a birch canoe, admiring the country 
through which it passes in a state of nature, and lost in the con- 
templation of what that country is to be when subdued by human 
industry. The statistics of such a region, in years to come, is a 
subject too vast for calculation. Its extent, fertility, salubrity, 
means of internal navigation, and the character of the people 
who will inhabit it, baffle all effbrts co estimate its productiveness, 
the tribute which its industry will pay to the wants of the world, 
and the supplies which the comfort and habits of its people may 
require. 

" During the palmy days oii JS'apoleon, it is said that one of his 
projects was to convert the Mediterranean into a French lake. 
England has nearly done what defied the power and ambition of 



724: LIFE AND TIMES 

the great conqueror. She has almost converted it into an Eng- 
lish lake, in time of M^ar. Gibraltar commands its entrance, 
Malta the channel between Sicily and Afiica, and the Ionian 
Islands the \Yaters of the Levant. There were good reasons for 
believing, a short time since, that England was seeking to obtain 
a cession of the Island of Crete, the ancient kingdom of Minos, 
w^hich would give her the port of Canea, that I found one of the 
most magnificent harbors in the world, equally capacious and 
secure. If England, in the pursuit of the same system, should 
acquire similar commanding positions on tlie Gulf of Mexico, 
that great reservoir would become a inare clausum^ and no keel 
would plow it, nor canvass whiten it, in time of war, but by her 
permission. Xow, sir, looking to the extent of our coast in that 
direction; to the productions which must pass there to seek a 
market; to the nature of our population, and to the effect upon 
all these which a permanent naval superiority would produce — 
where is the American who is not prepared to adopt any measures 
to avert such a calamitous state of things ? Who can fail to see 
the nature of the predatory warfare wdiich England would carry 
on, in all times of hostilities, from her various positions which 
would encircle the Gulf, from the Bahamas to Cuba and to Yuca- 
tan ? And who, also, can fail to see, that even in time of peace, 
her many harbors would become places of refuge for a certain 
class of our population, and that perpetual collisions would occur, 
involving the peace of the two countries ? 

" The Gulf of Mexico, sir, must be practically an American 
lake, for the great purpose of security; not to exclude other nations 
from its enjoyment, but to prevent any dominant power, with 
foreign or remote interests, from controlling its navigation. It 
becomes us to look our difficulties in the face. Nothing is gained 
by blinking a great question. Prudent statesmen should survey 
it, and, as far as may be, provide for it. AVe have, indeed, no 
Mount Carmel, like that of «3udea, nor prophet to ascend it, and 
to warn us against a coming storm. But the home of every citizen 
is a Mount Carmel for us, whence we can survey the approaching 
cloud, even when no bigger than a man's hand, which threatens 
to overspread the political atmosphere, and to burst in danger 
upon his country. 

" So long as Cuba is held by its present possessors, neither we 
nor the commercial world have anything to fear from the projects 



OF LEWIS CASS. 725 

of England or of France ; for the latter country also has its 
schemes of territorial and mercantile aggrandizement, as is appa- 
rent from the considerations I have already presented to the 
Senate. Spain is not now in a condition, and in all human prob- 
ability never can be, seriously to annoy us, even if she had the 
disposition, and we may well rely upon her want of power and 
her want of will, and rest satisfied that her most precious de]3en- 
dency, the Queen of the Antilles, will not be hazarded by convert- 
ing it into a military and naval arsenal for interrupting and 
seizing our commerce, and devastating our coasts. But let the 
dominion be transferred to England or France, and where are we? 
The mouth of our great river might be hermetically closed, and 
the most disastrous injuries inflicted upon us. I need not pursue 
these considerations larther, for he who is incredulous to their 
force would not be driven from his incredulity by any efibrt of 
mine. 

" We, have evidently reached one of those epochs in the career 
of nations to which the historian of their decline and fall looks 
back, in his searching investigation, into the causes of their fate. 
Our duties are plain, noble, indeed, and our position invites us to 
fulfill them, firmly and fearlessly. The progress and improvement 
in all the great branches of human industry, and especially in 
those wliich relate to the intercommunication of nations, and to 
the benefit which each may derive from all by the interchange, as 
well of knowledge as of material products, have brought the 
human family more closely into contact than at any former period, 
and have opened interests, which, if not new, have become much 
more powerful in their extent and operation, and which give some 
degree of unity to the public feeling of the world. We can not 
withdraw from this great association. We can not isolate our- 
selves from the common sentiment of the age, nor ought we to d 
so if we could. Our place is assigned to us by events almost be- 
yond our control, and as we fill it, worthily or unworthily, the 
judgment of tlie future will pronounce us the inheritors of the spirit, 
as we have been of the labors and sacrifices, of the men of the 
"Revolution, or craven descendants, false to their principles as to 
our own honor. I am well aware, Mr. President, that such views 
expose a man to a great deal of obloquy in th's country. I have 
experienced all that, in common with many others. But neither 
the advent, nor the apprehension of it, has deterred me, at much 



726 LIFE AND TIMES 

earlier periods of life, and certainly will not deter me now, when 
that life is fast drawing to a close, from the expression of an ear- 
nest hope, that the American name and fame will be maintained 
by tlie American people, with the brightness of true glory, nndi- 
. minished by the neglect of a single deed which national honor 
may require we should do, or leave undone." 

Since the delivery of this speech, from which these extracts are 
taken, we believe no person has been puzzled to know what Gene- 
ral Cass' views are on the Cuba question. It remains to be seen 
whether its future history reflects the truth of his position. 



OF LEWIS CASS. 



727 



CHAPTEE XLIII. 

President Pierce — His Inaugural — The Nebraska-Kansas Bill — General Cass' Position, Tic-n-?. and 
Totes— The Attack of Colonel Benton — General Cass repels it— His Speech — Extracts. 

With the Presidential compaign of 1852, the bubbling elements 
of the sensitive subject of slavery subsided, for the Baltimore 
Convention having treated the compromise measures of 1850 as 
a finality, the subject was ignored. The steadfast friends of the 
Union, through good and through evil report, breathed freer and 
deeper. They reposed in the happy consciousness, that the most 
mighty nation on the face of tlie globe could now go forward in 
her glorious mission of republicanism, unembarrassed by domestic 
feuds and intestine broils, and untrammeled by the interference 
of distant governments. 

President Pierce, in his celebrated inaugural address, on the 
fourth of March, 1853, distinctly and emphatically avowed his pol- 
icy to be, to carry out, in good faith, the publicly announced senti- 
ments of the convention that brought him before the people. So far 
as eye could penetrate, this annunciation found a lodgement in the 
hearts of a large and influential majority of his countrymen. Nor 
was this approval confined to any particular States or division of 
States. It permeated the whole — the north and the south, the 
east and the west. 

The angry and agitating discussions which resounded in the 
federal halls of legislation, and echoed from crowded cities and 
lonely cabins — from the hills of New England, the prairies of 
the west, and the savannahs of the south — from ocean and lake — 
all had died away, furnishing another beautiful tribute to the 
priceless value of free institutions. Prosperity and good feeling 

quiet and fraternity among the States — were restored ; and the 

honest-minded patriot looked forward to many long years of 
tranquillity. Anxiety and alarm had passed away, and peace 
reio-ned within the walls of the American republic. 



728 LIFE AND TIMES 

But old, and, in too many instances, true, is the maxim that a 
certain stillness always precedes the tempest. The thirty -third 
Cono;ress came toirether in December, 1S53. The usual standino; 
committees had hardly been announced in the Senate, ere bills for 
the organization of the Territories of Nebraska and Kansas were no- 
ticed by Mr. Douglass, of Illinois — looking to the repeal of the Mis- 
souri compromise bill of 1820 — and thereby again opening all the 
disputed points connected with the subject of congressional action 
upon slavery in the territory of the United States. This was the toc- 
sin of alarm, and quick did its ominous sounds reverberate all over 
the country. For thirty years had it reposed under the segis of 
the parallel latitude of 36° 30': above that, human bondage was 
never to go. The proposition now, was to demolish this barrier 
to the swelling torrent of slavery, and let it have free scope. 
Good men and true paused in wonder: the quiet were aroused 
from their lethargy: the sentinels who always stood guard on the 
battlements of human freedom, frantic with rage, gave the alarm; 
and the anti-slavery cohorts of all the northern United States 
again took the field, clad in the panoply of eternal opposition to 
the further extension of the peculiar institution of their southern 
brethren. But yesterday, the whole hemisphere was without a 
cloud for the most far-sighted vision to rest upon : to-day, the 
horizon betokened a terrific tempest. Alas for the vanity of all 
human expectations! and here was a most aj^posite and unlooked- 
for demonstration. 

Since the violent storm of 1850, General Cass had ventured to 
indulge the belief, that this everlasting topic of internal contro- 
versy had been put to rest, and that, in his day, at least, it would 
not again disturb the repose of his country. Many days, how- 
ever, had not elapsed after these new propositions had been brought 
forward, before the scales dropped from his eyes, and he beheld, 
at one glance, the length and breadth of what was to come. IJe 
was in favor of the organization of governments for the Territories 
nnder consideration, but he deprecated the repeal of the time- 
honored line drawn between slavery and freedom, under the 
solemn compact by which Missouri took her position, as a sove- 
reign member of the confederacy, in 1820: and so he told the 
Senate on the twentieth of Februar}^, 1854. 

" With the honorable senator from Massachusetts [Mr. Everett] 
I frankly avow that I was filled with doubt and alarm during the 



OF LEWIS CASS. 729 

troubles and contests which were terminated by the compromise 
measm'cs of 1850, and he who was unmoved, had more apathy or 
apprehension than I had. But though the ominous cry of ' Woe, 
woe to Jerusalem !' is once more heard, I do not believe that the 
country is in any dan2,er, not the least; but still I do not deny tliat 
these frequent, almost periodical, renewals and revivals of tliis 
threatening subject, must necessarily produce irritation and ex- 
citement, tending to array one section of the country against an- 
other, and thus we weaken those ties of confidence and affection 
so essential to the permanence and tranquillity of this mighty 
confederacy. Events, connected with our territorial aggrandize- 
ment, seemed, as their necessary consequence, to lead to the former 
agitation ; but the present one has burst upon us without warning, 
and, as I think, from causes which might have been avoided. 

" Mr. President, I have not withheld the expression of my regret 
elsewhere, nor shall I withhold it here, that this question of the 
repeal of the Missouri compromise, which opens all the disputed 
points connected with the subject of congressional action upon 
slavery in the territory of the United States, has been brought 
before us. I do not think the practical advantages to result from 
the measure will outweigh the injury which the ill-feeling, fated 
to accompany the discussion of this subject through the country, 
is sure to produce. And I was confirmed in this impression 
by what was said by the senator from Tennessee, [Mr. Jones,] by 
the senator fron Kentucky, [Mr. Dixon,] and by the senator from 
North Carolina, [Mr. Badger,] and also by the remarks which fell 
from the senator from Yirginia, [Mr. Hunter,] and in which I 
fully concur, that the south will never derive any benefit from 
this measure, so far as respects the extension of slavery; for, legis- 
late as we may, no human power can ever establish it in the 
regions defined by these bills. 

"And such were the sentiments of two eminent patriots, to 
whose exertions we are greatly indebted for the satisfactory ter- 
mination of the difiiculties of 1850, and who have since passed from 
their labors — we may humbly hope, to their rewards. It is ex- 
cluded hj a laio, to borrow the words of one of them, in which 
the other fully acquiesced, superior to tJiat wliich admits it else- 
qjoJiere^ — the law of nature^ of jylii/sioal geograpliy^ the law of the 
formation of the earth. TJiat laio settles forever^ ivith a strength 



Y30 LIFE AKD TIMES 

heyond all terms of liuman enactment^ that slavery can not exist 

there. 

" Thus believing, I should have been better content had the 
whole subject been left as it was in the bills when first introduced 
by the senator from Illinois, without any provision regarding the 
Missouri compromise. I am aware it was reported that I intended 
to propose the repeal of that measure ; but it was an error. My 
intentions were wholly misunderstood. I had no design whatever 
to take such a step, and thus resuscitate from its quietude a deed 
of conciliation which had done its work, and had done it well, 
and which was hallowed by patriotism, by success, and by its 
association with great names now transferred to history. It be- 
longed to a past generation ; and in the midst of a political tem- 
pest, which appalled the wisest and the firmest in the land, it had 
said to the waves of agitation, Peace^ he still! and they became 
still. It would have been better, in my opinion, not to disturb 
its slumber, as all useful and practical objects could have been 
attained without it. But the question is here without my agency, 
and I am called upon to take my part in its adjustment. I shall 
do so frankly and fearlessly." 

The bills, after debate, were referred back to the appropriate 
committee, and again reported with an amendment to meet the 
views of General Cass. That amendment declared that the people, 
whether in the Territories or in the States to be formed from 
them, were free to regulate their domestic institutions in their own 
way, subject only to the Constitution of the United States. With 
this arrangement of the details of the bill, as now proposed, he 
announced, that if called upon, he should vote for it. He was 
aware that the bill, in its final shape, would be unpalatable alike 
to many northern and southern men, but for difierent reasons, — 
the southerner, because of his fear that in the settlement of the 
Territories free men would obtain the ascendency; and the north- 
ener, because of his repugnance to a squabble for the control. 
But General Cass, without fear or favor, had years before settled 
for himself the principles that must govern his ofiicial conduct, 
whenever this subject came up for action. And those principles, 
so far as the Territories were concerned, was the application of 
the doctrines of popular sovereignty. He never had intruded the 
subject of slavery upon the attention of Congress. He, in no 
instance, has brought it forward. His action and votes have, 



OF LEWIS CASS. T31 

invariably, been consequent upon the acts of others. If he could 
have his own wav, he would not disturb the compromises of 
1787, of 1820, or of 1850; but, adhering to them in good faith, 
let freedom and slavery work out their own deslinj on this 
continent. 

On this occasion he endeavored to show the Senate that neither 
extreme had occasion to complain. With reference to southern 
complaint, he remarked: 

" It is not a little extraordinary that, after all the complaints 
we have heard upon this subject. Congress has not passed a single 
law excluding any man or property from the Mexican acquisitions; 
not one. l^ew Mexico and Utah remain just as open to the ad- 
mission of slavery at this hour as they were the hour they passed 
into the possession of the United States; and its exclusion 
from California is the act of the people, assembled in convention 
to form their own constitution, and not the act of the general 
government. 

"Mr. Ehett, indeed, in a remarkable speech in this body, re- 
markable for an American citizen in an American legislature, 
undertook, by a peculiar process, to hold this government respon- 
sible for the measure — making it one sin the more in his long 
catalogue of offenses. 

" SyllogisticaJly his argument runs thus: 
" You have no right to pass the Wilmot proviso. 
" You admitted California into the Union. 
" California inserted the Wilmot proviso into her constitution. 
" Therefore you passed the Wilmot proviso. 
" Such are the jDremises and the conclusions charged by Mr. 
Khett upon another senator, as the doctrine of the latter, but as- 
sumed by the former as his own, when he said : ' Sir, the senator 
was right.' 

" Sir, the senators were wrong, both of them wrong, if Mr. Ehett 
understood, as I doubt, the proposition intended to be advanced by 
the member referred to. I have put the argument in the syllogis- 
tic form, omitting its details, that the process may be the more 
apparent, and the conclusion the more satisfactory, or unsatisfac- 
tory, as it is approved or disapproved; a compound syllogism, I 
think, they called this form in the schools. But all the subtleties 
of verbal metaphysics, from the days of Aristotle downwards, 
with their major and minor terms, their copulas and predicates, 



732 LIFE AND TIMES 

and all the other machinery by which words usurp the place of 
ideas, could not establish the truth of such a conclusion, nor per- 
suade the American people, that because a State excludes or 
admits slavery by its constitution, Congress is responsible for that 
act when it provides for the admission of such State into the 
Union. I repeat, not an act of the general government has 
touched this claim of right in the slightest degree; and if ever 
an American might by law take slaves to any of the region ac- 
quired from Mexico, he may do it yet, so far as regards the 
operation of congressional legislation. It is a judicial question, 
which may at any time be brought before the judicial department 
of our o-overnment. 

" And this brings me to the consideration of the true ground of 
these complaints, and how far they have any real foundation. 

" TAe south is excluded from tlie Territories^ robbed of them^^plun- 
dered of tliem^ and fhey are app'Ojoriated to the north ! 

" Now, is this so, Mr. President ? What prevents a southern man 
from o-oino- to any of those regions under the same circumstances 
as a northern man, if he chooses ? I know of nothing. Physically 
one can go as well as the other, for, in the language of a great 
dramatic poet, both have ' eyes, hands, organs, dimensions, sor- 
rows, affections, passions, fed with the same food, hurt with the 
same weapons, subject to tlie same diseases, healed by the same 
means, warmed and cooled by the same winter and summer.' 

"If there is no physical incapacity, neither is there a legal one 
in the way of emigrants from the north or from the south. All 
are equally free to go at their pleasure. The statute book is 
without a single prohibition upon the subject. 

""Where, then, is this unjust exclusion, this act of atrocious rob- 
bery on the part of the general government? It certainly is not 
an act of commission, for Congress has not legislated on the sub- 
ject at all. It must be robbery by omission, a new sin in the 
decalogue. The existing laws of the country render the condi- 
tion of slavery an illegal one, and it was contended that the act 
of annexation, and the constitutional equality which is its imme- 
diate and necessary consequence, abrogated this provision, and 
that a slaveholder was as free to hold his peculiar property there 
as are the inhabitants themselves to hold any other species of 
property. Well, this is obviously a right which, if it exist, can 
not be taken away, and which may, at any time, be enforced 



OF LEWIS CASS. 733 

before the judicial tribunals. It has not even been touched by 
congressional action, and it is a mere perversion of terms to talk 
of robbery, where the right and the remedy, whatever these may 
be, are in just as much force as ever, so far as regards congres- 
sional legislation. It is a robbery without a robber, an aggression 
without an aggressor, an injury with none to commit it^ and none 
to benefit by it. 

"I repeat, then, what prevents a southern man from going to 
any of these Mexican acquisitions ? The only incapacity' alledged, 
is the inability to hold slaves there. And this inability, if it 
exist, results from the law of the place, and, in point of fact, is 
inconsistent with the assumption of a constitutional right, and 
would fall before it, could it be established. But, leaving to others 
to reconcile this contradiction, I have to remark that this difficulty 
may resolve itself into two objections ; first, that slavery is so 
necessary to human comfort, to comfortable existence, indeed, 
that our southern brethren can not live where it is not estab- 
lished, and that to exclude it, is to exclude them from any portion 
of the earth, however otherwise desirable. Now, sir, I can admit 
no such position. I have too high an opinion of the people of the 
south to believe that they can not accommodate themselves to any 
social system of which slavery does not form an essential part. 
This is a very different question from its established existence in 
a community of which we are members. There we may uphold 
it from the conviction that imn^ediate ruin would follow its ex- 
tinction in any manner yet offered to public consideration. Upon 
this subject I should feel just as the south feels, were I a resident 
there, and should hold in abhorrence every external effort to inter- 
fere M'ith this momentous question. But far otherwise is the 
proposition, that to live in a non-slaveholding community is a 
sa,crifice M'hich amounts to an interdiction ag-ainst enterins: into it, 
an litter exclusion from its advantages. Why, sir, people from 
slaveholding States practically contradict such an assumption 
every day, by migrating to other States where slavery does not 
exist, as they are continually doing ; and I presume po one will 
deny that human comfort and the blessings of civilized life are 
to be found in many communities, at home and abroad, from 
which slavery has been excluded, or where it never existed. It 
is worse than idle to advance such a proposition. It is rebuked 
by the experience of the world. 



73i LIFE AND TIMES 

" The second objection wliich I propose to consider, connected 

with this alledged seizure of the public domain, is, that a southern 

man can not go there because he can not take his property with 

-him, and is thus excluded by peculiar considerations from his 

share of the common territory. 

" So far as this branch of the subject connects itself with slaves, 
regarded merely as property, it is certainly true that the necessity 
of leaving and of disposing of them may put the owners to in- 
convenience — to loss, indeed — a state of things incident to all 
emigration to distant regions ; for there are many species of that 
property, which constitues the common stock of society, that can 
not be taken there. Some, because they are prohibited by the 
laws of nature, as houses and farms; others because they are pro- 
hibited by the laws of man, as slaves, incorporated companies, 
monopolies, and many interdicted articles ; and others, again, be- 
cause they are prohibited by statistical laws, which regulate the 
transportation of property, and virtually confine much of it within 
certain limits which it can not overcome, in consequence of the 
expense attending distant removal; and among these latter arti- 
cles are cattle, and much of the property which is everywhere 
to be found. The remedy in all these cases is the same, and is 
equally applicable to all classes of proprietors, whether living in 
Massachusetts, or New York, or South Carolina, and that is to 
convert all these various kinds of property into the universal rep- 
resentative of value, money, and to take that to these new regions, 
where it will command whatever may be necessary to comfort or 
to prosperous enterprise. In all these instances the practical 
result is the same, and the same is the condition of equality. 

"I listened with great interest to the eloquent remarks of the 
senator from North Carolina, [Mr. Badger,] upon this whole sub- 
iect, and especially to those in which he depicted, with equal force 
and feeling, the painful circumstances connected with the disrup- 
tion of those ties of habit and affection which bind every just 
master to his slaves, and particularly to those domestic slaves 
most intimately associated with his family. This is so, sir, be- 
yond doubt, and it is among the harsh trials which make part of 
the shifting scenes of life in which we are all engaged. The north- 
ern emigrant has his full share of these sacrifices; for rarely, 
indeed, does he fail to leave behind him some of the dearest ob- 
jects of his affections, too often with little hope of rejoining them 



OF LEWIS CASS. 735 

on this side of the grave. These scenes of sorrow belong to that 
life of change which almost makes part of the American charac- 
ter; but, painful as they are, they can not enter into the deter- 
mination of legal or constitutional rights which appeal to right 
j^rinciples, and not to the kindlier emotions of the heart. 

"It follows that all the citizens of the United States have equal 
claims to go to the national domain, under equal circumstances, 
each responsible to the laws, and each entitled to take whatever 
the laws permit. Otherwise, as strange a confusion would exist 
in the legal systems of the ' Territories ' as existed in the language 
of the world when the primitive race was scattered upon the 
plains of Shinar, and when one man could not understand another's 
sjyeech. The tenure and the incidenrts of property would not be 
regulated by the laws of the country where it would be enjoyed, 
but by the laws of the country whence it came. 

" Such a principle would strike at independent and necessary 
legislation, at many police laws, at sanitary laws, and at laws for 
the j)rotection of public and private morals. Ardent spirits, 
deadly poisons, implements of gaming, as well as various articles, 
doubtful foreign bank bills, among others, injurious to a prosper- 
ous condition of a new society, would be placed beyond the reach 
of legislative interdiction, whatever might be the wants or the 
wishes of the country upon the subject. For the constitutional 
right by which it is claimed that these species of property may be 
taken by the owners to the ' Territories' of the United States, can 
not be controlled, if it exist by the local legislatures ; for that 
might lead, and in many cases would lead, to the destruction of 
its value. If apprentices were made property, and their term of 
service should be extended by any member of the confederation 
to the age of sixty years, or to the full term of life, or if peonage 
shall be introduced, or white slavery be established by indenture, 
or in any other form, tliese new kinds of servitude would be 
])laced beyond the reach of the territorial laws, and would intro- 
duce themselves wherever the public domain exists. And can 
the peonage of New Mexico be carried by right to Minnesota? 
or, had California retained it, would the laws regulating it have 
extended themselves immediately over all the Territories ? And 
certainly the case put by the senator from Massachusetts tests and 
illustrates tliis claim ; for if polygamy should be established by 
law, as it is by usage in Utah, and should make part of its consti- 



73G LIFE AND TIMES 

tution, these contemners of the word of God and of the feelings 
of man, might transfer themselves with their harems to any of the 
Territories,, and there live in open contempt of law and religion." 

With reference to the northerner, and the moral sentiment of 
the people upon the relations of master and slave in the northern 
States, he remarked : 

" The status of slavery has existed from the earliest ages of the 
world; and regretted, as it is and must be by the moralist, it is a 
great practical political question which every established commu- 
nity where it is recognized must adjust for itself. Tlie Revolution 
found it in most of the States, and there it was at the adoption of 
the Constitution, and in many of them it yet remains, making part 
of the rights and guarantees bf the confederation. To touch it by 
the general government, would be to shake to its corner-stone our 
whole political edifice. Like otlier hum.an institutions, it has 
neither all the advantages its friends claim for it, nor all the evils 
its enemies deplore. Believing it a misfortune for any country, 
I regret its establishment; but looking upon it as an existing con- 
dition, I am free to confess, that though it may come to an end, 
and I hope it may peacefully and justly, I see no way in which 
this can be efi'ected but by leaving it to those most interested in 
it, and to the process they may find it best to adoi:»t. Any exter- 
nal interference would only aggravate the evils and the dangers, 
and this our experience has already shown. As to the frightful 
pictures wliich have been drawn of cruelty on one side, and suffer- 
ing and wretchedness on the other, they are gross exaggerations, 
by whatever modern Gulliver fabricated, whether men or strong- 
minded women, originating in ignorance or malevolence, and 
ministering to the worst of passions, both at home and abroad. I 
know something of the condition of the slaves, and I believe, in 
general, they are treated with all the humanity which can reason- 
ably be expected in their situation; with a humanity honorable to 
the proprietors as a class, and, to say the least of it, quite as well 
as they would be in the northern States, had this institution not 
been abolished there, and far better than by many whose philan- 
thropy is shown by the railing and reproachful words they utter, 
and not by the relief they contribute to objects of misery. And I 
know something of the condition ofthe poverty-stricken population 
of Europe, and of a large portion of the inhabitants, who lie down 
in sorrow and get up in care, and who pass their lives in want. 



OF LEWIS CASS. T3T 

many of them in a state of destitution utterly unknown in this 
country; and I have seen far more misery in the proudest capitals 
of Europe than I ever saw in our own favored land among white 
or black, bond or free. A recent remark in the London Times 
better illustrates this frightful condition of human want than the 
most labored description: >v 

" ' In London, the center and core of British wealth and phara- 
saical exclusiveness, one hundred thousand human beings get up 
every morning without knowing where they are to find a meal, 
except from a passing job or crime.' 

" One would think that here was field enough for the exertion 
of any reasonable quantity of philanthropy, and that, until these 
awful scenes of human suffering were removed, it would exhibit a 
much more commendable spirit to labor there for life first, and 
then for reformation, rather than to be sending political miesion- 
aries, under the guise of a universal love of mankind, to this 
country, kindly to excite one portion of the Union against another, 
and tlms lead to the dissolution of the confederacy, and to the 
destruction of our power and prosperity. What a deplorable con- 
summation that would be to these philanthropic Englishmen ! 
Certainly, objects of commisseration are everywhere to be found, 
even in the most prosperous communities. Misfortunes, whether 
produced by ourselves or by the chances of life, are inseparable 
from human society. And there is no man who can not look 
around him and find objects enough upon which to exhaust his 
benevolence, whether its contributions are confined to puling sen- 
timentality or extended to substantial offerings for the relief of 
distress. I have no patience with that costive charity which neg- 
lects the misery of its neighborhood because that demands the 
aid of the purse, and seeks subjects for noisy philanthropy far 
beyond its reach, because words are not wealth, and professions 
are cheaper than cash. 

" If I might presume to give an opinion upon the subject, I will 
say, that our southern brethren sometimes manifest too much sen- 
sitiveness at these ebullitions of ill-directed feelings, frequently 
sincere, but too often assumed for personal or political objects. 
A factitious importance is thus given to them which they would 
never attain, if left to their natural fate. And another and yet 
greater error connected with this whole subject consists in the 
demands, altogether too exacting, made upon the public men of 
47 



738 LIFE AND TIMES 

the non-slaveliolding States, many of which I have seen, and some 
of which I have felt. No stronger proof of this predisposition can 
be given than the refusal, on the part of southern members of this 
body, to permit the insertion in the fugitive slave law of a jiro- 
vision allowing the right of trial by jury to the person claimed in 
the county whence it might be alledged he had escaped, on his 
restoration there, should he then demand it. 

"I never could comprehend the motives for the rejection of this 
proposition, so just in itself, and which would have given great 
satisfaction to the north, and have prevented much of the hostility 
to the law. It would have been entirely compatible with the Con- 
stitution, for the delivery to the master would have been but a 
commitment, to be consummated and become final by the verdict 
of the jury when demanded. I Avas in favor of the general princi- 
ples of the law, and was among the earliest to urge the justice of 
its passage, and the injury done to the south by the delay. The 
refusal to accept this proposition seemed to interpose unnecessary 
barriers in the way of the investigation of questions of human 
liberty; for certainly the objections which might reasonably have 
been urged against the submission of these cases to a northern 
jury, and which induced me to oppose the provision, had no ap- 
plication to a southern jury, which can have no prejudices to 
overcome in the examination of the rights of the parties. But not 
an inch of ground was yielded; and I determined not to give my 
assent to the law. It was a bed of Procrustes, and as I had no 
wish to be shortened or lengthened by a rigid adaptation to it, I 
found it no place for me. Had the northern senators been firm 
upon the point, this tribute to a great principle, interwoven with 
the American heart and institutions, would have been secured." 

He further told the Senate, for the benefit of statesmen repre- 
senting the slaveholders: 

" It requires but little exertion to swim with the current, while 
lie who opposes it must put forth all his strength, and even then 
may become its victim. Popular feeling is a power hard to resist, 
and the reproach of being a dough-face belongs to him who pan- 
ders to it, and not to him who strives to maintain the constitu- 
tional rights of all, even in opposition to his own community, 
which holds in its hands his political life and death. This is pre- 
cisely the condition which no southern man has ever had to 
encounter in connection with this grave subject, and it is precisely 



OF LEWIS CASS. 739 

the condition which he can not comprehend, or will not do justice 
to, when the course of a northern man is in question. It is not 
enough, with too many of the southern politicians, that public 
men from the free States maintain, firmly and unflinchinglj', the 
rights of the slaveholding portion of the Union, and stand ready 
to meet the consequences, however disastrous to themselves, rather 
than participate in their violation ; this, I say, is not enough : 
sometimes, indeed, it is nothing, unless every oj)inion of the south 
upon the general question is adopted, and unreserved allegiance 
professed to the declaration, that slaveey is the best condition 

OF IIUIMAN SOCIETY." 

And then, that the people of the free States may know that he 
has no views upon this subject to be concealed from the whole 
public, he further said to the Senate — separating the defense of 
constitutional rights from the defense of slavery: 

" Slavery is, in my opinion, as I have said more than once be- 
fore in the Senate, and, I have no doubt, unacceptably to many, a 
great evil, social and political, but it is an existing one, from which 
I see no escape, and for which the south is not responsible to the 
north, nor to any other tribunal but to His, who made both bond and 
free ; and while, either in public or private life, I have strength 
to express my views, not out of peculiar regard to any section of 
the country, but in obedience to the dictates of my own conscience, 
1 shall never cease to uphold the right of the south to determine 
every question in relation to this species of property for themselves, 
and the duty of the whole Union to carry into effect the constitu- 
tional provision in good faith, and with kind feelings. 1 do not 
know any northern man who is disposed to go beyond this; nor is 
there any southern man M^ho should desire it." 

An effort was evidently being made to produce an impression 
that all those who supported the Nebraska-Kansas bill were, in 
the cant phrase of the day, pro-slavery men; and that their advo- 
cacy of it was conclusive evidence of their alienation from the 
principles of freedom, and of their devotion to those of slavery. 
General Cass chose to put himself right upon this point, and, 
while maintaining the just power of other portions of the Union, 
to deal with this question for themselves and as they pleased, to 
express his belief that slavery was a misfortune for any country. 
He chose to have it distinctly understood that it was not the insti- 
tution itself he was defending, but the political rights of other 



740 LIFE AND TIMES 

sections of the coiintr j, under the Constitution. It has been alledged 
that he added, in the speech above quoted, that slavery was a 
moral evil. He did not say so. Under the circumstances in which 
it exists in the southern States, he did not think so. Such an 
assertion would have been inconsistent with his main position — 
that the present inhabitants of those States were not responsible 
for the introduction of slavery. 

Indeed, regarding slavery as a social and political evil, and a 
misfortune for any country, was no new view with him. In 1842, 
at Paris, when exposing the consequences and injustice of the 
quintuple treaty, he said: "We are no slaveholder; we never have 
been; we never shall be. We deprecate its existence in principle, 
and pray for its abolition everywhere, where that can be effected 
justly, peaceably, and wisely." In the Kicholson letter, in 1847, 
he repeats: "We may well regret the existence of slavery in the 
southern States, and wish they had been free from its introduction." 

But he was not alone in these views. The Fathers of the Re- 
public were his company. General Washington said that " it was 
among his first wishes to see some plan adopted by which slavery 
may be abolished by law." Mr. Jefferson remarks: " I can say, 
with truth, that there is not a man on earth who would sacrifice 
more than I would to relieve us from this heavy reproach (of 
slavery) in any practicable way. The cession of that kind of 
property (for it is misnamed,) is a bagatelle, which would not cost 
me a single thought, if, in that way, a general emancipation and 
expatriation could be effected gradually; and, with due sacrifice, 
I think it might be. But as it is, we have the wolf by the ears, 
and we can neither hold him nor safely let him go. Justice in 
one case, and self-preservation in the other!" 

General Cass heard Mr. Madison observe in conversation, that 
slavery was a great misfortune for Virginia ; and such was the 
well-known opinion of Mr. Monroe, Chief Justice Marshall, Pat- 
rick Henry, and George Mason. 

The bill for the organization of the Territories of I^ebraska and 
Kansas finally passed the Senate; and on the night of its passage. 
General Cass embraced the occasion to congratulate that body 
upon the triumph of squatter sovereignty' meaning by that term, 
not political independence, but inalienable rights, in constitutional 
subordination to the general government — the right of the people 
to regulate their local and domestic affixirs in their own wav. He 



OF LEWIS CASS. 741 

had just cause for this congratulation. The adverse doctrine of 
total submission had been previously received with great favor in 
large portions of the Union. He had labored long and zealously 
for the recognition of political freedom, and had been exposed to 
misrepresentation and denunciation. "When, therefore, a bill had 
received the sanction of the Senate which conferred a greater meas- 
ure of freedom upon these Territories than had ever before been 
granted to such local communities; reducing the absolute veto of 
the government to a qualified one, and thus enabling them to pass 
any law tliey might require; yielding up all the supervisory au- 
thority by Congress over their legislation, which is expressly 
extended to all subjects not prohibited by the Constitution or the 
organic law, and the prohibitions of the latter are but few, and are 
principally confined to the measure of organization; allowing them 
to elect almost all their officers, with many other provisions favor- 
able to liberty, he felt that a great advance had been made in the 
progress of free principles; and, especially, by the abandonment 
of the pretension, that the right of legislation rested upon the ten- 
ure of the land; for, in all the vast regions comprehended in those 
bills, there was not a single acre of land owned by a white man. 
All this was a source of gratification, and he declared it, as he had 
a right to do ; but, in so doing, it seems he encountered bitter 
reproaches, bitterly expressed. Why, it is, indeed, hard to con- 
jecture, unless it is a mortal offense to speak with pleasure of a 
general acquiescence in a great measure, founded in the very 
nature of our institutions. 

The doctrine of non-intervention, or, in other words, the right 
of self-government, so far as it is not controlled by the Constitu- 
tion, met with severe animadversion in the otherwing of the capitol, 
and, especially, from Colonel Benton, of Missouri, who then occu- 
pied a seat in the House of Representatives, after having served 
thirty years in the Senate. General Cass was not willing to pass 
this attack unnoticed, inasmuch as he considered it harsh, and, in 
truth, wanton. He availed himself of the first favorable op]3ortu- 
nity to notice it from his place in the Senate. It was on the 
twenty-fifth of May, following the passage of the bill. His remarks 
were replete with irony and sarcasm. We quote a part: 

"Now, sir, I know no one who claims sovereignty for the Terri- 
tories. It would be a condition utterly inconsistent, as this honor- 
able member said, with their relation to the United States, Lest, 



T42 LIFE AND TIMES 

in our ignorance, we might not understand the meaning of this 
rare and recondite word, and not with the unworthy view of mak- 
ing a display of learning, we are kindly told that mcoiisistent 
signifies inability to stand together. Etymologically, he says, it 
is derived from con and sisto^ and thus the sovereignty of the 
United States, and the sovereignty of the Territories, can not stand 
together. These words, co7i and sisto^ are Latin, and the Latins 
were Romans. I communicate this for the benefit of the Senate. 
It is a vei'y curious and important fact, which escaped the pene- 
tration of Niebuhr and of all his co-laborers in the field of historical 
research. But the country will see there is one whose penetration 
it could not escape, meaning myself. It takes a Columbus to dis- 
cover a world. And the Romans were the Americans of Italy. 
Thej^ had a Senate as we have, and he who served thirty years in 
it, served six lustrums, and he who serves thirty years in our 
Senate, serves five terms, and this wonderful identity of institu- 
tions accounts for the strong resemblance between these two great 
people, and, especially, for their equal love of annexation. 

"The same authority tells us that this is all hotch-]3otch ; 'for 
the Territories are the children of the States — thev are minors 
under twenty-one years of age, and it is the business of the States, 
through their delegations in Congress, to take care of these minors 
until they are of age — until they are ripe for State government — 
then to give them that government, and admit them to an equality 
with their fathers.' 'That is the law and the sense of the case,' 
&c. Had I been told this by any other than an infallible author- 
ity, I should have said it was the nonsense of the case. Even as 
it is, I can not help having some misgivings. A critic, with less 
respect than I jprofess to feel for such a guide, might say all this 
is idle and false analogy. It is made the foundation of despotic 
rule under a written Constitution, and a government of granted 
and limited powers. Instead of resorting to that Constitution to 
test the validity of acts of Congress, we are to seek the authority 
in some fancied resemblance in physical objects; and, because a 
mare lays an ^^^^ therefore a government may hatch what power 
it pleases out of it. American citizens in the Territories — many 
of them in the highest position and estimation before their emi- 
gration — as soon as they reach these districts, lose all their intelli- 
gence and experience, and become minors, utterly unfit to exercise 
any of the powers of self government. All their political interests 



OF LEWIS CASS. 7-13 

are committed to a legislature thousands of miles off, whose mem- 
bers are ignorant of their condition, and irresponsible to them. 
My highly respected friend from Wisconsin, [Mr. Dodge,] who 
has passed a life of honor and of usefulness upon the frontier, 
knows — no one knows better — the value of the population which 
presses forward to settle a new country. He knows it is no weak 
nor wicked class from the older regions, but vigorous, enterpris- 
ing, intelligent men, (I know it, for I have seen it during a half a 
century,) to whose spirit and wonderful energy our country is 
indebted for the proudest triumph of human industry over the 
obstacles of nature which is recorded in the long; annals of our 
race, since the first pioneer of settlement went forth from the 
garden he had forfeited. He who thinks disparagingly of the 
advance guard of civilization, knows nothing of the Daniel Boones 
and their compeers, who have left their monuments in the great 
work they accomplished, and in the deeds that achieved it. And 
such men are to be deprived of the first rights of freedom, because 
Territories are political minors! 

" I perceive, sir, that I have been in error all my life upon this 
subject. I had thought that territorial governments were institu- 
ted for a very difi'erent purpose from that of teaching the inhabi- 
tants knowledge enough to manage their own concerns. V\ hy I 
thought so, I will now explain. 

"When this form of temporary government was first introduced, 
it was under the confederation, and at that time each State had 
one vote in Congress, and it would have been signal political 
inequality and injustice to admit a Territory into the Union, what- 
ever population it possessed, however small, and thus enable it to 
exercise one fourteenth part of the power of the republic. To pre- 
vent this, it was provided that sixty thousand inhabitants should 
be necessary to admission ; and that whenever one of these com- 
munities might have that number, it should make part of the 
confederation. And the same principle was continued under the 
Constitution. I thought this was a mere question of numbers, not 
of ripeness^ of 7ninority^ of age., or of wisdom. Some of these 
children have been much more precocious than others. The non- 
age of Alabama was two years only, the duration of her temporary 
government, and then she was ripe for admission, and was admit- 
ted into the Union ; while her sisters, Arkansas and Michigan, 
less gifted, according to this theory of political power, remained 



744 LIFE AND TIMES 

in a state of pupilage, the former thirty-three, and the latter 
thirty-two years. So much for analogy in the investigation of 
great constitutional questions. 

" It seems that Mark Antony well remembered the very day 
when Csesar put on his new coat — that very coat which he wore 
when twenty-three holes were made in it, or in him. Well, an- 
other memory is as powerful as that of the Triumvir. That other 
memory knows the day when this monstrosity was first presented. 
It must be a truly patriarchal one, for the monster made liis ap- 
pearance in the English colonies a century ago, and was well 
described in our Declaration of Independence, and claimed a;nong 
the most valuable possessions of man. 

" A very happy illustration of our duty is furnished by a clas- 
sical reference to Edmund Burke, who, we are told, was the author 
of a treatise called the Sublime and Beautiful, another of the dis- 
coveries which have marked the progress of this investigation. 
Well, it is said that Mr. Burke, in the exuberance of his imagina- 
tion, and, no doubt, in a moment, as well of excited feeling as of 
desperate resolution, actually exclaimed in the House of Commons, 
' I do not care three jumps of a louse for Lord North.' Louse, sir, 
is Pediculus, in Latin. Therefore, in the future varim'um editions 
of this speech, for there will be many of them, this memorable 
ejaculation will probably read, I do not care three jumps of a 
Pediculus for Lord North. 

"So we are called upon, with patriotic indignation, not to care 
three jumps of the same interesting little animal for the Secreta- 
ries of the Departments — tlie President's clerks, as we are reminded 
John Kandolph said they were — and, I suppose, to care for nothing 
else, but to go right onward in the exercise of despotic power. 

" By-the-by, sir, is this quotation marked with the usual scru- 
pulous accuracy of the speaker ? Should not the word jump be 
changed to sl'ip^ which latter seems more appropriate to the sal- 
tation of the parasitical squatter on the human occiput than the 
heavier cognomen ? I venture to predict that this question will 
take its place among the most interesting critical researches of 
after times. 

" I am certain that John Eandolph and Nathaniel Macon, 
frequently referred to by him, whose reference is honor, as 
bright lights in the palmy days — palmy nights, I suppose — of 



OF LEWIS CASS. 745 

republicanism, would denounce u sentiment that casts ridicule on 
rights dear to ev^ery man, savage or civilized. 

" We are told, that, when this doctrine was first introduced into 
the Senate, it was received as ' nonsense^ as the essence of nonsense^ 
as the quintessence ■^/' nonsense, as the Jive times distilled essence of 
jpolitical nonsensicaUty.'' 

" Well, sir, this is very probable; and those of us who support 
the doctrine, need not feel the slightest mortification because it 
was received with ridicule. The lauirhino: state is a kind of chry- 

Oil */ 

sails condition, throuiih which most o-reat trutlis and discoveries 
have to pass. There are very few important enunciations of this 
nature which have not provoked merriment, from the earliest case 
on record down to the latest and the greatest — the actual discov- 
ery and declaration by the member from Missouri to an admiring 
world, that ' Yoid is vacant, empty, nothing of it ! ' Wonderful 
age this for the advancement of the human intellect! 

"Dr. Johnson, who was hired by the British administration, 
wrote an anti-Nebraska pamphlet of that day, entitled, ' Taxation 
no Tyranny.' He laughed at this principle of self-government, 
ridiculino^ the idea that the Cong-ress of AVestminster was not fitter 
to govern colonies across the ocean than the people themselves, 
just as the idea is now laughed at, that the Congress of Washing- 
ton is not fitter to govern Territories across the mountains and 
deserts, tiian the ignorant inhabitants who have squat dio^vn there. 

" But, sir, this question has passed through its laughing state. 
Nobody laughs at it now. Some dread it, some dislike it, some 
disbelieve it, but all approach it with perfect gravity, and, judging 
from the temper manifested by the speaker to whom I have 
alluded, and the vituperative epithets, not scattered through, but 
abounding in, his remarks, I am sure he must hftve been in any- 
thing but a laughing mood; and I do not believe tliat a single 
risible muscle was called into action during the whole period of 
this prodigious mental effort. 

" But, sir, there are other fatal argumentative objections to this 
bill, which I have selected from the same display of genius, and 
which I shall proceed to submit to the solemn consideration of the 
Senate. 

"The bill is a 'silent, halting, creeping, limping, squinting 
motion, conceived in the dark, and midwifed in a committee 
room,' &c. 



746 LIFE AXD TIMES 

" ' It is crooked, insidious, and pusillanimous.' ' It is a farrago, 
an olla-podrida.' ' It is a juggle, worthy of the trick of one egg 
under three hats,' &c. ' It is buttered on both sides,' &c. ' Why 
kill the dead ? Why trip up the heels of the man already flat on 
his back on the ground ?' 'It is a farrago of nullities, incongrui- 
ties, and inconsistencies.' ' It is untrue, contradictory, suicidal, 
.and preposterous.' ' It is a shilly-shally, willy-won'ty, don'ty- 
can'ty, style of legislation.'- 'It is not manly. It is not womanly. 
No shilly-shally in a woman.' 

" This is a noble tribute to the noble sex. It is a beautiful 
sentiment, beautifully conceived, and happily expressed. It is the 
essence, the quintessence, the five times distilled essence of truth and. 
of poetry. AVhat a brilliant imagination has been sacrificed to 
the dry pursuits of six lustrums ! 

" ' It is made up of paraphrases, circumlocutions, ambidexterity, 
and ambiguity.' ' It is just jumping out of the frying pan into 
the fire.' ' It is a see-saw bill — it is stuffed with monstrosities — 
hobbled with contradictions — Badgered with a proviso.' The hon- 
orable senator from North Carolina, who has pursued a noble and 
patriotic course during all this agitating controversy, may well be 
proud of such characteristic censure. 

'"There is a stump speech injected in the belly of the bill.' 

" If this new stump speech does not eject its injected predecessor, 
and cause it to be rejected, then there is no emetic that will do the 
work in all the materia medica. Such a stomach must be proof 
against the whole power of physic and physicians. These are 
conclusive arguments against this bill ; and if it passes in the face 
of them, it will be the triumph of folly and wickedness over logic 
and patriotism and constitutional law. 

"And, worst of all, and beyond all, it is ' ampliihological. Yes, 
sir, amphibological.' 

"Ampliibology ' is a monster of such frightful mien, 
' As to be hated needs but to be seen.' 

" I may be pardoned the violation of prosody, in consideration 
of the gravity and practical ralue of the sentiment. We have 
also another vindication of the truth of history, and are told that 
General Jackson rejected a bill, and returned it with a message 
to the Senate, refusing to sign it for amphibology. This vindica- 
tion is as erroneous as was a former one. General Jackson did 



OF LEWIS CASS. T^T 

not reject the bill alluded to, relating to the public funds. But as 
it was the last night of his term of service, he retained it without 
action; and lie afterwards gave his reasons for so doing in the 
Globe. He said the bill was ' complex ' and ' uncertain,' 'liable 
to diversity of interj^retation,' and that he ' had not time to give 
the subject deliberate consideration' — not one hard word here. 

"As to amphibology, it is not to be found in the document, nor. 
do I believe the General ever heard of the term ; and 1 think if it 
had met his eye, he would have been as much puzzled as I was 
to discover its meaning. It sent me to the dictionary — no, to the 
Lexicographical Thesaurus — and there I found an old acquaintance 
bedizzened in such finery that my po"wer of recognition had been 
completely put to fault; and, after all, I ascertained that a'uijplii- 
hological means doubtful. There is no doubt of that. Learning, 
sir, is a great element of power and fame ; and so potent is it in 
its operation, that a very little of it, discreetly managed, goes a 
great way." 



748 LIFE A]\^D TIMES 



CHAPTER XLIV. 

General Cass' Aversion to everything British — Tlie Second War— The Clayton-Buhvcr Treaty — The 
Homestead Bill — The Employment of Indians — The Anglo-French Declaration— Slavery Again- 
Legislative Instruction — The Senators Reply — Know-Nothingism — Age of General Cass — His 
Habits — Residence — Death of Mrs. Cass — General Cass' Private Affairs — His Property— His Views 
of the Past and Future— The Termination. 

General Cass has always evinced an aversion to everything that 
savored of British. This trait in his disposition is not surprising, 
when we recall to mind that almost the iirst words he was taui^ht 
in infancy to utter, were, " no taxation without representation.'" 
Hostility to tyranny was born in him. He would not if he could, 
and he could not if he would, eradicate it. As he grew to man- 
hood and extended the field of his reading, he ever and anon met 
"with transatlantic periodicals and publications teeming witli stric- 
tures upon republicanism. In too many instances he knew that 
these animadversions were unjust. Tliey strengthened his native 
prejudices against the government of England, its laws, and its 
institutions. He admired the genius of many of her statesmen, 
poets and scholars, for neither earth nor sky can fetter this. But 
as he investigated, the more convinced he became of the colossal 
ambition of the Crown. The farthest islet in the most distant 
seas escaped not the argus-eyed cabinet of London. Its secret 
agents, its confidential ambassadors, traversed the globe. 

In the second war of the United States with Great Britain, 
General Cass felt the hand of British supremacy among the wilds 
of his own country. He experienced it in a tenfold greater de- 
gree at the court of St. Cloud. He saw it paralyzing American 
di]3lomacy in the treaty of Washington, He could not mistake 
it. Along the eastern coast of South America, British domination 
was quietly but surely penetrating the Western Continent. Pres- 
ident Monroe put his foot down against foreign intermeddling. 
Several of his successors had renewed the protestation. Isolated 
members of Congress, and the people, had echoed and re-echoed 



OF LEWIS CASS. 749 

this sentiment. And yet Congress had never given its authori- 
tative assertion in the shape of a resolution or bj bill — the onlj 
way to make its way effectual. 

In July, 1850, the British government, through its minister, 
Mr. Bulwer, and the United States, by its Secretary of State, Mr. 
Clayton, made a treaty, known as the Clayton-Bulwer Treaty, by 
which the high contracting parties precluded themselves mutually 
from occupying, or fortifying, or colonizing, or assuming, or 
exercising jurisdiction over [Nicaragua, Costa Bica, the Mosquito 
Coast, or any 23art of Central Amei'ica. General Cass, in common 
with other statesmen, was astonished that the American Secretary 
should have suffered himself to be thus over-reached by the arts 
of British diplomacy. True, England had stipulated on paper 
that she M^ould not take possession of Central America, but not 
until the United States had also solemnly plighted the faith of the 
government to an observance of the same on their part. In other 
words, if the republic of the United States would circumscribe 
the boundaries of republicanism, in all tiiis western world, and 
give the British lion a carte hlmiche to pounce upon the proud 
bird of Jove, as it winged its way towards the southern skies, 
then, in such case, the British government would most graciously 
condescend to withdraw its protectorate over the continent. 

But this was not the worst feature of the matter. Three years 
had not elapsed after the conclusion of the Clayton-Bulwer treaty, 
before the wily cabinet of London, in ftict, infringed upon the 
spirit if not the letter of its provisions. The establishment of a 
new British colony in Central America, known as the ''Colony of 
the Bay Islands," was publicly proclaimed. This intelligence was 
startling: to senators who had voted for the ratification of the 
treaty upon the assumption that it was a point gained, if this 
shred of diplomacy only weakened the foothold of British power 
among the half-civilized countries to the south of Mexico. Hence, 
the Senate at once adopted a resolution calling upon the execu- 
tive for information upon this subject, and, at the same time, 
asking what measures had been taken tu prevent the violation of 
the treaty of July 6th, 1S50. The Department of State replied 
that the executive had no information to communicate in relation 
to the subject of the resolution, but accompanying this reply were 
various documents, which had not been before made public, being 
the correspondence between the distinguished negotiators of that 



750 LIFE AND TIMES 

treaty, disclosing a state of facts nnlooked for by the Senate. 
From this correspondence, it appeared that when the treaty was 
ratified by the Senate, that ratification was given to the instru- 
ment itself, without any limitation or explanation to control the 
descriptive terms employed in it. But when it was sent to Eng- 
land for the sanction of the British government, that sanction was 
made conditional — restrictive — by a declaration, not denying 
that British Honduras made part of Central America, but 
announcing that the British government did not understand the 
engagements of that convention to apply to that settlement and 
its dependencies. Indeed, the instrument of exchange distinctly 
stated that " Her Majesty's ratification of the said convention is 
exchanged, under the ex^^licit declaration above mentioned." Yet 
the treaty was proclaimed by the American government as bind- 
ing, without any declaration annexed to it, making known the 
restrictive construction given to it by one of the parties, and 
acceded to, in whole or in part, by the executive ofiicer of the 
other. 

This subject was before the Senate, for consideration, on the 
eleventh of January, 1854. General Cass took part in the dis- 
cussion. The vutc oi tiie Democratic j^arty in the Senate upon 
the ratification of this treaty, was divided — some opposing, and 
some supporting it. During the deliberations upon the treaty, a 
number of the Democratic members confidently predicted that 
the arrangement would prove abortive, and that our government 
would fail in the effort to remove British power and influence 
from Central America. Says General Cass : 

" My friend from Indiana, who sits beside me, [Mr. Bright,] was 
among the most decided in his hostility to the treaty; and, as I 
said upon a former occasion, whether his prediction was the result 
of instinct or of judgment, I know not, but certainly time has j)ut 
the seal of truth upon his sinister forebodings ; and he may now 
say to us, in the words of that comfortable old saw, I told you so. 

"I zealously advocated the treaty. I had more than one con- 
versation with the senator from Delaware respecting it, during 
the progress of the negotiation. He did me the honor to consult 
me, as well as other senators, of both parties ; and I earnestly 
recommended him to go on and consummate the work, expressing 
my doubts, however, of the accomplishment of his expectations, 
but assuring him that if he succeeded, he would render a signal 



OF LEWIS CASS.' 751 

service to Lis country. And why did I estimate so highly the 
projected arrangement ? Because it contemplated the removal of 
British power and influence from Central America — true Central 
America, as I thought— and I considered that measure, both in 
its present and future aspects, a great political object, most desir- 
able to be peacefully obtained. Those of us who profess allegiance 
to the Monroe doctrine, and who advocated the ratification of this 
treaty, were accused of inconsistency there ; and the accusation 
has been repeated since with a good deal of earnestness, and not 
a little sarcasm ; and also of sacrificing a great political principle 
to a mere temporary expedient. 

" Mr. President, so far as this question of ratification is involved, 
with the lights before us, I had no doubts then, and I have no 
regrets now, respecting the course which the Senate sanctioned. 
It is not a little curious, that some of those who urged this objec- 
tion with the most pertinacity, although they also profess adhe- 
sion to this cardinal principle of American policy, yet never find 
a resolution for its authoritative assertion by Congress the only 
effectual means of its establishment, in such a shape, as to secure 
its co-operation. Nor do they lend their aid to put it in a form 
to suit their own views, and thus to command their votes. They 
confine their action to severe criticism and to decided opposition. 
Now, sir, I have no desire to sacrifice a great national advantage 
to a mere barren dogma, rendered such by our dissensions. Em- 
body this principle of European non-intervention in American 
afl:airs, in a solemn congressional act, and I, for one, will adhere 
to and support it, come what may. But while we dispute and 
hesitate, events move on ; and, for the want of proper decision, 
we are obliged to accommodate ourselves, the best way we can, 
to their course and consequences. I desire the exclusion of Euro- 
pean power and influence from all portions of the western conti- 
nent not actually held as colonies by some European government ; 
and I believe the true principles of public law, applied to the 
position of the American States, fully justify this pretension. As 
to existing colonies, they will follow peaceably, and in good time. 
AVell, sir, the friends of this great measure have in vain, for many 
years, sought its accomplishment. It will come, it is destined to 
come, as surely as any event in the future. The country, even 
now, is prepared for it, desires it, demands it ; but the hesitation 
is here, in these halls of legislation, where there ought to be prompt 



752 LIFE AND TIMES 

and decisive action. Notwithstanding the prognostication of the 
senator from Delaware, the wish, I fear, was father to the thonglit, 
that its Jcistory is closed. It is but just begun, sir ; and in our 
glorious future, this emancipation of the western hemisphere from 
the thraldom and intrigues of the eastern, is yet to constitute one 
of our proudest claims to the respect of mankind. 

" For myself, sir, if I can not get the Monroe doctrine, I will get 
the next best thing I can. I will seek to procure, by conventional 
arrangements, the exclusion of European influence from this hem- 
isphere, step by step, if necessary ; and in seeking to effect this 
object, there are peculiar reasons which render it highly desirable 
to free all Central America from impending transatlantic intrigues. 
The position of that region with relation to the contemi^lated inter- 
oceanic communication which is to unite our eastern and western 
possessions, and the divided condition of its States, rivals, and 
easily swayed or controlled by foreign influence, gave great im- 
portance to the eflbrt to place them beyond any external action 
adverse to our interest ; and as it was certain that we could not 
attain this object by any other course we might adopt, I felt 
myself fully justitied in endeavoring to attain it by a conventional 
arrangement with the power whose interference might be most 
injurious to our interest. If the failure has been an utter one, as 
recent disclosures announce, the fault is not with those who voted 
for the ratification of the treaty upon the faith of its expressed 
eno-agementg. That these were the views I entertained and 
expressed at the time respecting the exclusion of British influ- 
ence, I have already stated, and that statement has been confirmed 
by a number of the senators, some of whom are yet among us." 

From this extract, the reader will perceive that General Cass 
did not regret that he voted for the ratification of the treaty ; but 
he did regret that he had misapprehended the intention of the 
British government. Ills great desire was to get some sort of 
concrressional recognition of the American doctrine promulgated 
by President Monroe, and afiirmed by his Democratic successors. 
But the supplemental negotiation after the official action of the 
Senate, he condemned as unauthorized, unprecedented, and dis- 
oraceful In its results to our national honor. 

Since the negotiation of the treaty, the legislature of Delaware 
had returned Mr. Clayton to the Senate. And, in the unavoid- 
able absence of General Cass at the executive session in March, 



OF LE\YIS CASS. 753 

1853, at which time Mr. Chayton took his seat, that distino-nished 
gentleman had taken occasion to comment upon some remarks 
made by General Cass upon this subject during the previous 
winter. To set himself right before the world, General Cass con- 
sidered it his duty, in his speech of the eleventh of January, 1854, 
to notice these comments of the American negotiator, and now one 
of his compeers in the Senate ; and in continuation, he proceeded 
to say: 

"So far as respects my personal views, the declaration of the 
senator from Wisconsin [Mr. Walker] is so true and explicit, that 
I must trouble the Senate to hear it. 'If the senator will allow 
me,' said the honorable member, addressing me while I was 
speaking, ' I think I can give nearly the words he made use of. 
He spoke in very complimentary terms of the then Secretary of 
State for the position he had taken, and he remarked that it was 
the first time in the history of Great Britain that she had given 
up territory without a struggle. I recollect that distinctly, and I 
presume others do.' 

"jSTow, sir, I suppose no man within these walls, or without 
them, will call in question my right to investigate this whole 
matter, and to place myself upon true grounds before the country; 
and if the senator from Delaware has any just cause of complaint, 
it must be because I failed, by uncourteous or uncalled-for remarks, 
or in some other manner, to do properly what I was thus called 
upon to do. Is this so? And allow me, in the fii'st place, to say, 
that the honorable senator, in his remarks at the special session, 
did but justice to the personal relations subsisting between himself 
and me, and I assent cheerfully to all he said upon that subject. 
The friendly intercourse between us had been uninterrupted; and 
there were circumstances to which he rightly alluded which had 
tended to strengthen this mutual feeling. I had — I could have — 
neither motive nor design unjustly to assail him ; and I say here 
to him, and to the Senate, that I have carefully reviewed all that 
fell from me upon that occasion, and I do not find one uncourteous 
epithet, nor a personally harsh expression. Whatever he may 
consider unpleasant is necessarily in the subject itself, and not in 
the Language employed; and I submit that a fair examination of 
his course in this matter could give him no just cause of offense, 
especially as I was not a volunteer in the work, but was driven to 
it by self-respect, and in self-defense ; and I shall proceed to my 
48 



75i LIFE AND TIMES 

present task in the same spirit, and with kindly feelings to the 
senator from Delaware, but still with a determination to examine 
the whole subject fairly but fully, and to show the erroneous 
impressions under which I was assailed. 

"Now, sir, what is the complaint of the senator? In what am 
I his accuser, as he terms me? Ilis first charge is, that I stated 
that he ' recognized the British title in Honduras, commonly called 
the Balize;' and that I charged him 'with having admitted by his 
letter that Central America was not Central America at all, and 
that the treaty did not apply to atiy territory where Great Britain 
had any sort of claim.' 

"Mr. President, the honorable senator has committed great 
errors in this statement. How and why, he alone can explain. 
He can find in no remarks actually made by me upon that occasion, 
a single word, not one, which charged him with having recognized 
the British title to Honduras, or with having admitted that the 
treaty did not apply to any territory where Great Britain had any 
sort of claim. The senator says, that all the reports of iny remarks 
xoMch appeared on that and the succeeding day^ will show that these 
charges were made hy me. This is rather a loose reference upon 
which to found such an accusation. But let that pass. I do not 
know what version of my remarks he may have met with ; but 
this I do know, that in the Congressional Glole.^ in the Union^ and 
in the National Intelligencer^ where they are correctly reported, 
not a syllable is to be found in support of this statement; and no 
person, in or out of the Senate, should make such an assertion 
without turning to one, at least, of the journals containing author- 
ized reports of our proceedings. I do not know what other papers 
or letter writers may have made me say. I am not responsible 
for their errors, nor had the senator from Delaware a right, upon 
any partial authority, to say ' that all the reports of my remarks' 
concurred upon this subject. Why, sir, independent of the moral 
offense which such a misrepresentation would have carried with 
it, an assertion like that, wholly unsupported by the facts, and 
contradicted by the documents before us, would have been an act 
of folly which, I trust, I am little likely to commit. 

"As to the statement that I charg-ed him with ' having admitted 
by his letter that Central America was not Central America at 
all,' I have, in the first place, to observe, that he has not referred 
accurately to my remarks. What I stated was, Mr. Clayton says, 



OF LEWIS CASS. 755 

* that the negotiators on the part of the governments understood the 
matter alike; that is, that neither of them understood Central 
America to be Central America at all, but that both of them 
understood that upon the tace of the treaty, though Central Amer- 
ica was included, yet the British claims were thereon excluded.' 
In the next place, it is obvious that the only assertion I make in 
the above extract is, that the negotiators understood the matter 
alike ; and that no man will deny, for Mr. Clayton has said it 
himself. The rest is a matter of inference, and I do not despair 
of convincing the senator from Delaware, and, certainly, I trust to 
show to the Senate, that the expression is quite within the sphere 
of proper argumentation. My process of justification will be very 
brief. The provisions of the treaty extended to all parts of Central 
America, and by that designation I understand the geographical 
region of country to which it is applied, including all Honduras, 
as well where the British have obtained possession as where they 
have not. I am not going into the truth or error of this opinion 
at this time. The subject has been sufficiently discussed in this 
body, and to renew the debate would be a profitless consumption 
of time. I have heard nothing which has shaken my original 
convictions; and the more the matter has been examined, the 
more persuaded have I been that to exclude British Honduras, as 
England holds it, from Central America, is a mere arbitrary act 
of excision — reducing, without justification, the limits of that well- 
known portion of our continent. I shall content myself with refer- 
ences to an authority or two, and then leave the question to others. 
''Well, sir, thus looking at the stipulations of the treaty, and 
finding that, by an act of the British government, acceded to by 
ours, the British settlement of Honduras, with its dependencies, 
was excepted from its operation, I said, and had a rio-ht to 
say, with my views, that this course of the Secretary of State 
admitted that Central America was not Central America at all. 
This was not the assertion of a fact that he had formally made 
this admission, but a deduction from the premises — logical or 
illogical, it matters not for my present purpose — that his acquies- 
cence in the demands of the British minister had so chano-ed the 
country covered by the treaty that Central America was no lon^-er 
Central America. And this is so obvious from the tenor of my 
remarks, which referred to all the necessary facts, that any mis- 
conception must have been a very careless one. I repeat, sir 



756 LIFE AND TIMES 

that the charge "U'as the conclusion I drew from the official acts 
and declarations of the honorable member. 

" And now, sir, to the references wiiich I have just promised. 
They will be to the British o:overnmcnt and to the senator from 
Delaware, in his capacity of Secretary of State, and I suppose that 
these authorities will, at any rate, carry weiglit with them in a 
controversy involving the interests of the one, and, where its 
opinion was adverse to its interests, the official proceedings of 
the other. 

"This treaty, after having been ratified by the Senate upon its 
Imujuage^ and not upon the under stand'mg of the negotiators, was 
sent to England for the sanction of the government; and there, 
circumstances show, that apprehension was excited lest the Hon- 
duras settlement should be embraced within the limits of the 
region over which it extended. To prevent this, it was returned 
with a quasi ratification, or rather a declaration, that the settle- 
ment at Honduras, and its dependencies, were not subject to the 
'eno-agements' of the treaty; and this declaration was received 
and reciprocated by the Secretary of State by a similar act, which 
the senator from Delavv^are calls a ' counter declaration;' but why, 
I confess my inability to discover, for it does not counteract the 
demand of the British minister, but assents to it by conceding 
that the ' engagements' of the treaty do not apply to British Hon- 
duras and its dependencies. The terms of this concession I shall 
refer to directly, so that the senator from Delaware may have the 
benefit of his owm words to establish his own views. I will merely 
say here that I have little belief in the practical effect of his 
limitations. 

" Now, sir, what was the duty of the executive, when a treaty was 
thus returned with a declaration intended to control its operation 
by considerations exterior to the stipulations? Why, to send it 
ao-ain to the Senate, a constituent branch of the treaty-making 
power, for its consideration and action, and not undertake to re- 
strict its application by the understanding of the negotiators, at 
the expense of the language of the convention, though one of 
these happened to be the Secretary of State, — for this union of 
functions was but an accident, and what was done upon that 
occasion may be done upon any other, and the understanding 
of these agents of negotiation may become more important than 
the text of the instrument itself. And what reason was given by 



OF LEWIS CASS. 757 

the Secretary of State for this omission of a phiin duty? He tells 
Sir Henry liiihver that the difficulty arises ' from the use in our 
convention of the term ' Central America.' To be sure it does; 
and I am only surprised that the practiced and powerful intellect 
of the senator from Delaw^are did not perceive that by this 
acknowledgment he actually gives up tlie point in controversy, 
indubitably and indisputably. We did not intend to include 
your possessions, for this is the purport of the concession, but we 
used the term Central America, which embraces them, and now 
we must remove the difficulty by substituting for the plain lan- 
guage of the convention the 'understanding' of the negotiators, 
thus excepting from its stipulations regions over which they 
extend. If this is not the true point of the 'difficulty,' and the 
'understanding,' then tiiere is none; for, if Honduras and its de- 
pendencies are not in Central America, there is no difficulty^ 
and no ground for a demand on one side, nor a concession on the 
other. 

" I can not find, after a careful examination, that this question 
of the true position of Honduras, with relation to Central Amer- 
ica, is at all met by the Secretary of State. The British Minister 
claims its exclusion from the operation of the treaty because his 
government ' does not understand the engagements of that con- 
vention to apply to her Majesty's settlement at Honduras or to its 
dependencies.' And this declarr.tion is met by the avowal on the 
part of the Secretary of State, 'that it w^as neither understood by 
them (the British government) nor by either of us, (the negotia- 
tors,) to include the British settlement in Honduras (commonly 
called British Honduras, as distinct from the State of Honduras,) 
nor the small islands in the neighborhood of that settlement, 
which may be known as its dependencies. To this settlement and 
these islands, the treaty we negotiated was not intended by either 
of VIS to apply.' And there terminates, of course, all difference, 
80 far as the negotiators were concerned. 

" England obtains what she wants by the acceptance of her 
conditional ratification, and by the acknowledgment with whicli 
it was received by our executive; for though there is no want of 
cautious restrictive epithets — special pleadings, perhaps — in this 
assent, yet it will be found that they will produce no effect upon 
the claim of England. Ona clear limitation, defining what we 
gave up, would have bean true policy and true sincerity. "We 



758 LIFE AND TIMES 

gave up British Honduras, in express terras, and certainly tliat 
contains by far the most important portions of the possessions of 
England, extendin<>:, as she claims, to the Sackatoo river, if not to 
the Golfo-Dolce. The only limit is to the ' dependencies,' mean- 
ing, I suppose, the islands, and restricting the claim to the small 
islands in the neighborhood of the settlement, and which may be 
known as dependencies. "What are small islands, and what is the 
neighborhood of a settlement, claimed to extend more than two 
hundred miles, and what may be known as dependencies, present 
as fruitful subjects for controversy as the diplomatist, who most 
rejoices in his trade, could desire. Honduras is excluded from the 
treaty, so far as ajipears by the papers, solely on the ground that 
the negotiators did not intend to include it; not at all on the 
ground that it was not covered by the convention. And, after 
thus assenting to the demands of the British minister, the Secre- 
tary of State proceeds to explain why the terra Central America 
was used in the treaty, and the reason turns out to be, that it was 
'adopted because Yiscount Palmerston had assented to it, and 
used it as the proper term.' I am sorry that no better reason 
could be assigned for the use of this descriptive epithet than a 
wish to accommodate the British Minister for Foreign Affairs. I 
presume every senator who voted for the treaty supposed that the 
term 'Central America' was employed to designate a given re- 
gion of country, with well-known limits, and that it was not a 
mere vague expression, used in compliment to a foreign sugges- 
tion. The Secretary adds, tliat 'we naturally supposed, on this 
account, it would be satisfactory to your government.' The reason 
for this remark is not at all obvious. The British minister had 
made no complaint of the terms used in the treaty. Nothing 
like it. The words Central America are not to be found in his 
note. He merely claims the exemption he demands on the ground 
of the mutual understanding, and on that ground he obtains it. 

" But what follows is still less susceptible of satisfactory expla- 
nation. 'But if your government now intend,' says the Secre- 
tary of State, ' to delay the exchange of ratifications until we shall 
have fixed the precise limits of Central America, we must defer 
further action until we have further information on both sides, to 
which, at present, we have no means of resort, and which it is 
certain we could not obtain before the terra fixed for exchanging 
the ratifications would expire.' All this, sir, is very unaccountable. 



OF LEWIS CASS. 759 

The British government asked no dehiy of the exchange of ratifi- 
cations. They liad tlien actually ratified the treaty, and the authen- 
ticated instrument was in possession of the Secretary of State. 
And what is still more extraordinary, he announces in this very 
letter that he accepts the declaration wliich accompanied the act 
of ratification, and makes it absolute by his own concession of the 
fact stated, and proceeds to sign the letter, and to deliver it to Sir 
Henry Bulwer, and, 'without further or other action, to exchange 
the ratifications of the treaty.' Why talk of the postponement of 
ratifications in order to fix the limits of Central America, at the 
very moment when he was exchanging ratifications with the other 
party ? And why talk of fixing these limits after he had admitted 
what the British claimed — the exclusion of their colony from the 
provisions of the treaty ? It was shutting the stable-door after the 
horse had escaped. They had gained their object, and to them a 
specific boundary was comparatively unimportant. And why not 
fix these limits during the progress of the negotiations ? That 
might have been done, and ought to have been done, if there 
w^ere any real doubt as to the true extent of the region covered 
by the treaty, instead of leaving it to the understanding of the 
negotiators. 

"In this letter to Sir Henry Bulwer, he is told, by the Secretary 
of State, that no alteration could be made in the treaty without the 
sanction of the Senate; but he does not understand that any 
authority has been given to the Minister by his government to 
propose any alteration. Why this remark, Mr. President? The 
Secretary very well knew what the British government wanted. 
He yields to their demands in this very letter. He knew they 
wanted the exclusion of Honduras from the ' engagements ' of the 
treaty, and they ratified it upon the express condition that such 
was to be the effect of their action. The process by which our 
compliance with this demand was to be given, was a question for 
us, and not for them — a question of internal administration with 
which they had nothing to do, and about which they probably 
cared as little. Why the Secretary started a constitutional point 
respecting the divided functions of our government in a corres- 
pondence with a foreign minister, at the moment he assents to his 
application, is what I am unable to conjecture. I presume Sir 
Henry Bulwer, after completing the exchange of ratifications, 



760 LIFE AND TIMES 

■was perfectly willing to permit us to settle the question in our 
own way. 

" But, sir, there was an alteration, and a serious one, made in 
this treaty, by the rider annexed to it, quite as effectual for the 
purposes of England as i^ it had been inserted in its stipulations. 
That instrument embraced Central America, and the ratification 
of the Senate covered tliat region. If a question arose respecting 
its extent, what right had the Secretary of State to settle it by his 
own act, and to except from the engagements of the treaty an 
extensive and important section of the country? By the accept- 
ance of the conditional ratification, and by acquiescence in it, the 
Executive added this restrictive clause to the treaty as effectually, 
so far as the claims of Eno;land are concerned, as if it had made 
part of its provisions, in this formal manner: provided^ that the 
engagements of this convention shall not apply to the British set- 
tlement at Honduras^ nor to its dependencies. There is no denying 
or explaining away this inevitable consequence of Executive 
interference." 

General Cass extended his remarks upon the pretension of 
England, and justly took strong ground in opposition to it. He 
believed it to be improper for the government of the United States 
to do any act recognizing any purchase of any part of Central 
America by individuals or companies, without the consent of the 
States interested in this matter. How fiir England might be dis- 
posed to favor individual scLemes of aggrandizement, it was not 
for him to say: but it was better for us to preserve our lienor and 
consistency, than to co-operate in any enterprise, at the expense 
of national and established riglits. 

At this same session of Congress, the Homestead bill was con- 
sidered. This measure was designed for the benefit of the hardy 
and enterprising pioneer, securing advantages to him and his 
family of the utu)ost importance. The bill was violently opposed 
by Mr. Benjamin, a senator from Louisiana, and others. General 
Cass would have been false to the experience of the past, and 
belied the constant professions of his life, if he had not approved 
it. He was for the measure on the score of principle, of right, 
and of expediency. He met and refuted the objections arrayed 
against its passage, and gave forcible reasons for its fiivorable 
consideration by Congress. Of these, we give the summary, 



OF LEWIS CASS. 761 

expressed bj himself to the Senate, in too Incid hinguage to be 
mistaken or misunderstood : 

"Now, sir, what are the reasons in favor of this mcasui-e, prom- 
ising advantages to result from its adoption? 

"In the first place, a vast domain, a world, destined by nature 
for the support of man, will be brought within the power of man 
to support himself. It has been calculated — I have not examined 
the data — that if the present system continues, the whole region 
which we call ours will not be settled for centuries to come, for a 
term, indeed, equal to the lives of the ancient patriarchs. During 
that period much of this vast domain is to remain uncultivated 
and unimproved ; a home only for the Indian and for the animals, 
his co-tenants of the forest, whom God has given to him for liis 
support. The injunction of the scripture, 'to replenish the earth 
and subdue it,' is delayed, denied, in fact, by a christian people. 
And let me ask why? Why are these extensive districts to be 
shut out from the use of man ? The reason, sir, is not a very 
dignified one, but nevertheless it is too true to be contradicted. 
This interdiction is enforced in order that you may make seven 
hundred per cent, out of your investment. Tliat is the truth in 
plain English. The land cost you sixteen and a half cents per 
acre, and you will hold on to it with a tenacious grasp till it will 
yield you $1 25 per acre. This is not a motive worthy of such a 
country as this, nor of the example which we ought to offer to the 
other independent states of the world. What do the elementary 
writers tell us on the subject of uncultivated, unapproj^riated 
regions ? They maintain that a civilized people may take posses- 
sion of such countries, notwithstanding they are held by barbarous 
tribes. And this doctrine is defended for the reason that the earth 
was given for cultivation, and for the support of man, and that 
tribes occupying any portion of it, and not applying it to its legit- 
imate purpose, nuiy be rightfully confined within narrow limits, 
and the residue of the country taken, and themselves brought 
under the jurisdiction of the stranger. This principle has been 
adopted and practically enforced, with the consent of all civilized 
nations, ever since the discovery of the continent. Were this 
fund necessary, that consideration would justify a longer adher- 
ence to this system of occlusion than could otherwise be defended. 
But we are rich, rich beyond the dreams of avarice, and I think 



762 LIFE AXD TIMES 

i 



t is time we sliould shut our eyes upon the seven hundred per 
cent., and look to our duty as a christian people. 

"But, in the second place, there is another benefit which will 
result from this project, and which has already been ably and 
eloquently touched by the senator from Illinois, [Mr. Shields.] I 
shall add but a few words to his remarks. There are portions of 
our country where men are crowded together, as they are unfor- 
tunately crowded in many parts of Europe. The effect of this 
condensation already begins to be visible ; but its evils and its 
dangers will go on increasing, till they find a remedy, or make 
one. There is many a man with strong physical and intellectual 
powers, who looks to his own position, and realizing the dark 
prospects around him, considers society as an enemy by whom he 
is ill used, and against whom he fights, and is ever ready to fight. 
It is a great deal better to open a way for such a man into the 
woods, and tlnis turn his warfare from society against the trees. 
You will elevate him in the scale of humanity. You will furnish 
him with hopes to stimulate him, and with motives for exertion. 
From an enemy to your institutions he will become a fast friend. 
A new future will be spread before him. He will have free scope 
for the exercise of all his energies, without the power or the motive 
to do injury. 

" But, again, sir, as a third reason in favor of this measure ; by 
this augmentation upon your frontier, you will have a hardy, 
vigorous population, able and ready to defend the country in 
times of difiiculty — a voluntary army worth all the conscriptions 
'of Europe. They will be attached to the government and the 
country by all the motives that can animate freemen. 

"And, in the fourth phice, this act, if carried into effect, will 
increase the wealth and resources of the country almost indefi- 
nitelv. These new settlers will soon become producers. They 
will he also consumers, with increased means, and thus production 
and consumption will reciprocally act upon each other. The 
efifect of this augmentation will be felt through the country; and 
if you look upon the measure merely as a statistical question, 
touching dollars and cents, you will find strong motives for pro- 
moting this kind of emigration. 

" In the fifth place, all experience shows that the class of smaller 
landholders are among the safest and most natural defenders of 
the country, and especially are they so where institutions are as 



OF LEWIS CASS. TC 



Q 



free and equal as ours. Men living upon their own farms are not 
subject to those ai^itations, which, from time to time, distract and 
divide our densely settled communities. No prudent man can 
look upon these forever-recurring movements without being satis- 
iied that our agricultural population is one of our great elements 
of safety, and that the more it is increased, the more secure will 
our institutions become. 

But, in the sixth place, I desire this measure for its effect upon 
the world, and especialh' upon republican institutions throughout 
the world. I think it will furnish the noblest example ever held 
out by any other country under Heaven. The great business of 
governments, as we all know, has heretofore been to tax the 
peojjle; to wring from them as much of their earnings as possible; 
to take from the mouth of labor, as Mr. Jefferson well expressed 
it, the bread it has earned. Here is an immense domain belong- 
ing to the United States, and which cost almost nothing, and the 
true value of which has been created by the labors and exertions 
of individual citizens. Now it is proposed to permit its occupa- 
tion by allowing every man to select a tract for his residence. 
And I repeat, sir, that by so doing, we shall present a beautiful 
and encouraging spectacle to every lover of freedom through the 
world." 

In January, 1855, the Army Appropriation bill being under 
consideration in the Senate, a motion was made by Mr. Sliields, a 
senator from Illinois and chairman of the Military Committee of 
the Senate, to insert a provision for raising an additional military 
force to include five hundred Indians. 

To this last named pro])Osition, General Cass was uncompro- 
misingly opposed. He objected to it, because it was opposed to 
the moral sentiment of the nation, and in conflict with the whole 
policy of the government. He deemed it unnecessary, because 
he thought that a nation of twenty-five millions of people had 
power enough in its own citizens to protect itself, without calling 
upon Indians to fight its battles. 

It was urged in behalf of the proposition, that the Indians were 
the most skillful guides and successful hunters. To this General 
Cass replied, that he had seen and acted with good Indian guides 
and hunters, but, after all, there was a class of active and enter- 
prising men upon our frontiers — the pioneers of civilization — who 
were far better fitted than any Indians to accompany our troops 



764 LIFE AND TIMES 

as scouts, spies, guides, and hunters. Tliey possessed more intel- 
ligence than the Indians, they were more subject to control, 
physically more powerful, and as well acquainted with prairie 
and forest life. 

It was argued that the increased force was demanded by the 
administration, and Democratic senators were called upon to give 
it their support. To this. General Cass observed in e£fect, that he 
chose to examine for himself all the measures of an administra- 
tion, be it friend or foe, and to support such as he approved, and 
no other. (J:le did not subscribe to the docti'ine that fealty to 
party outweighed fealty to the Constitution.^ He believed that he 
was a pretty good party man, but he would bind himself in no 
such iron shackles. When the great points of doctrine and policy, 
whicli have separated the parties of the country since the organi- 
zation of the governmei:t, were brought into question, a faithful 
partizan would come to the rescue. It M-as no part of the doctrine 
of the Democratic creed, that Congress was merely to register 
the edicts of the President. Bcbides, he wanted no unnecessary 
increase of our military force — not because he feared it, but 
because he did not desire to see extended any of the institutions 
of the country unnecessarily. There was a constant pressure of 
circumstances to do so, which requires the jealous effort of Con- 
gress to counteract — embracing not only the military organization, 
but reaching all the divisions of power. He was willing that an 
additional force should be raised, to be disbanded at the expiration 
of live years, but, in no case, to employ the Indians. And the 
proposition to include Indians did not receive the sanction of the 
Senate. 

Alarmed at the authoritative declaration of tlie British and 
French governments, that they had come to an understanding 
upon all questions of policy throughout the globe, General Cass, on 
the 20th of February, 1855, brought the subject before the Senate. 
He took this step, because he thought that the attention of the 
government and country should be directed to this authoritative 
avowal of a course of policy, which, if carried out, he believed 
deeply affected our interests and our honor. And as a senator, 
although under the Constitution representing in part a single 
State in the councils of the nation, he has always deemed it an 
imperative duty to keep in his memory the rights and interests of 
all the States. Such he considers the duty of every senator and 



OF LEWIS CASS, 705 

of every member of the House of Eepresentatlves. And well will 
it be, and the greater will be the chauces of preserving the Federal 
Union, if his example is followed. 

Distrustful of the designs of Xapoleon the Third, in the com- 
plications of the Cuban question, he urged the necessity and 
propriety of maintaining a greater protective force upon the 
highways of nations. Our navy should be increased, and fleets 
stationed in proper cruising grounds in every sea. 

" Certaiidy," said he, "it is an extraordinary fact that, in the 
whole Antilles, so near us, and where our vessels are daily passing 
with their ricli freights and their numerous passengers, we have not 
even so much as an anchorage for our vessels. Sixteen of those 
islands belong to Great Britain, tln-ee to France, two to Holland, 
two to Spain, three to Denmark, and one to Sweden, while one is 
independent and divided into two governments. I suppose if we 
should attempt to piocure even a coal depot among these islands, 
forming the door through which the commerce of the vast country 
drained by the Mississippi and its tributaries, as also that of West 
Florida, Alabama, and Texas passes, we should receive an imperial 
and royal rescript, saying. Touch not^ taste 7iot, handle not ; raise 
not your flag in these regions under pain of our displeasure. Be- 
sides, our communication with our possessions on the Pacific can 
only be preserved by the free use of these seas. If the hour has 
not already arrived, it is certainly hastening, when imperative 
duty will compel us to say, in more distinct terms than we have 
yet employed, to the would-be regulators of the ' balance of power' 
in this hemisphere, that we understand our interest in the Gulf of 
Mexico and in the Caribbean sea, and that, with God's blessing, 
we shall maintain it in all time to come. 

"As to Cuba, the avowed policy of intervention has lost none 
of its offensive character by this union. On the contrary, it has 
added physical strength to the opposition against us ; it has added 
also a more resolute purpose, and more confidence to avow it. 
During the presidency of Louis Napoleon, on the 5th of December, 
1851, the French Chief Magistrate informed the Dnke of Valencia 
that he had dispatched three ships-of-war for the protection of the 
island of Cuba, and that the English government had done the 
same, ' for the purpose of preventing a repetition of attempts whicli 
mi(i-ht bring up serious complications between America and the 
states of Europe.' And we learn from the current reports of the 



7«3G LIFE AND TIMES 

day, that a similar measure Las been adopted, and that French 
and English armed ships have recently been ordered on the same 
service. I suppose, sir, the sound, public opinion of this country 
supports, with almost entire unanimity, the views of Mr, Fillmore, 
as made known by Mr. Everett in his able letter to the French 
minister, dated December 1st, 1852, that ' he (the President) would 
consider the acquisition of Cuba by force, except in a just war 
with Spain, (should such an event, so greatly to be deprecated, 
take place,) as a disgrace to the civilization of the age.' Such a 
case of rapacity will, I trust, never stain our annals. But the 
history of France and England teaches no lesson of national for- 
bearance, and gives no peculiar right to their governments to 
preach homilies upon the duty of rigidly preserving their existing 
territorial limits to the other independent communities of the 
world. If we were to regulate our conduct by their examples 
rather than by their precepts, and interpose ourselves between 
them and the accomplishment of their projects of aggrandizement, 
forming combinations wath other powers for this purpose, we 
should have occasion for action from the rising to the setting of 
the sun, in mighty continents as well as in the smallest isles that 
strew the ocean." 

But in this same month of February, it was within the line of 
his destiny that he should again be called upon to speak on the 
subject of slavery, — not upon the merits of the question, nor 
upon any bill, nor with reference to any new movement. And 
what, reader, do you think it was? Why, in the extraordinary 
fluctuations of luck, a majority of the members who happened to 
be elected to the legislature of the Peninsular State, for a wonder, 
wished him to procure the passage of a law through Congress 
prohibiting the introduction or existence of slavery in the Terri- 
tories of the United States, and especially in those highly desirable 
Territories of Kansas and Nebraska. Nor was this all they 
wished him to do. They instructed him to vote for the repeal of 
the fugitive slave law, as they thought it contained provisions of 
doubtful constitutionality, and which were repugnant to the moral 
sense of tiie people of the free States. It was not mentioned that 
Michigan was one of those free States ; but that Miciiigan is a 
free State, might have been stated with truth, coupled with the 
additional remark, that in defense of the same he had often 
periled his life, long before many of them were born. 



OF LEWIS CASS. 767 

These very modest requests, neither General Cass nor his 
respected colleague, Mr. Stuart, could conscientiously compl}'- with. 
It was not expressly stated, to be sure, that they must resign their 
high trusts if they failed to put forth their exertions in these par- 
ticulars, but such was the accepted meaning of the resolutions, 
and this the Michigan senators could not conscientiously do, for 
they had other interests to look after, of the highest importance to 
the people w^ho had sent them to AVashington. As General Cass 
had now for over half a century, in varied public positions, never 
failed to discharge his official duties, under all emergencies and 
upon all occasions, he thought it was inadmissible for him, at this 
late day in his public career, to turn his back upon a constituency 
that had evinced for him such unwavering and ardent attachment. 
lie considered it his duty to stand by them and their rights to the 
last. lie did so. And that there might be no mistake as to the 
course he intended to pursue, he thus addressed them, from his 
place in the Senate, after referring to the fact that he had been 
once instructed to vote for the Wilmot proviso, and the instruction 
repealed before his vote was called, and that he on that occasion 
recognized the right of instruction and the duty of the represen- 
tative to obey, with certain limitations : 

"And thus has the subject rested undisturbed till within a few 
days, the delegation of Michigan in Congress having been left to 
follow the dictates of their conscience and judgment in relation to 
this whole matter. Quite recently, however, a change has taken 
place. The Democratic jjarty in the State has lost its ascendency, 
and a new party, with different views, and I may add, in many 
respects, with discordant ones, having obtained possession of the 
legislative power, the resolutions which have just been read arc 
the result of its action, and call upon me, as well as upon the 
other members of the delegation, to vote for depriving American 
citizens in the Territories of the power to regulate one of the most 
important of their domestic concerns — that of the relation between 
master and servant, and for the repeal of the existing fugitive 
slave act, passed to give effect to a solemn guarantee of the Con- 
stitution. As I peremjitorily decline to do either, and intend to 
retain my place, it is necessary, in my own vindication bcfoi-e the 
people of the State, whom I desire respectfully to address from 
the seat which I here occupy by their favor and kindness, that I 
should now do what I was not required to do on the former occa- 



768 LIFE AND TIMES 

sion, to 'ascertain the limitations' upon the right of instruction, 
or, to speak, perhaps, with more precision, ' the extent' of the duty 
of obe iience, so tar as concerns my present position. And I have 
to say, sir, that the circumstances in which the power to pass 
these resolutions originated constitute one of the very cases which 
occurred to me at the time those words of caution were spoken, 
as restricting the obedience of the representative. The practical 
question, briefly stated, is this : Has a political party, whenever 
it accedes to power, by whatever combinations, the right to pass 
resolutions which its opponents in legislative trusts are bound to 
obey, or, if prevented from obeying by their conscience and con- 
sistency, to resign their position ? 

"The consequences of such a rule of action are too obvious to 
need detailed examination, and too serious to be incurred without 
pressing necessity. Into this body it would introduce changes, 
radically affecting its organization, and incompatible with the 
objects of its institution as the representative brancli of the sove- 
reignty of the States. It would lose every characteristic of perma- 
nence, its members going out, year by year, as political fluctuations 
mi"ht transfer power from one party to another; for, at all times, 
would it be easy to select questions for this process of removal 
Which no honest man, of an opposite party, could support. Some 
of these are constitutional, and others, scarcely inferior to them in 
importance, involving points of policy forming the very landmarks 
of the debatable ground where our struggles have always hereto- 
fore taken place. Tliat this power would be used, abused, indeed, 
for this purpose, no man will deny. The excitements of the past 
warn us as to what the future would bring with it; and that the 
disadvantage would be the share of the Democracy is certain, for 
it is well understood that, in the creed of our opponents, instruc- 
tions carry with them neither the duty to obey nor the obligation 
to resi«-n. The tw^o AVhig senators who have occupied seats in 
this body from Michigan, one of them my immediate predecessor, 
and the^other my colleague during a portion of my flrst term of 
gervicc— honorable and distinguished citizens— both disavowed 
the obligation of instructions, and both refused, at least in one 
instance'j'to obey the expressed will of the legislature, conveyed to 
them by its resolutions ; and I believe their views were in con- 
formity with the opinions of their party in the State. 

"I am not called upon to discuss the general doctrine. All I 



OF LEWIS CASS. 769 

seek is to explain why I acknowledged the obligations of the for- 
mer instructions and deny those of the present; and when I deny 
the power of the existing majority of the legislature of Michigan, 
composed, as it is, of political opponents whose efficient bond of 
union is antagonism to the Democracy, to instruct me out of office, 
I feel that my object is accomplished. I presume there was not 
a member of the general assembly, whose will is embodied in that 
document, who did not know that no human consideration would 
induce me to support the measures which find such favor in their 
eyes. So far as respects myself, it was the vacation of the office 
that was hoped for." 

As a rider — this word conveys the meaning — the General took 
the trouble to advise the people of his views on the invisible topic 
of Know Nothingism, which we append to the above : 

"Mr. President, strange doctrines are abroad, and strange or- 
ganizations are employed to promulgate and enforce them. Our 
political history contains no such chapter, in the progress of our 
country, as that which is now opening. The grave questions of 
constitutionality and policy, which have been so long the battle- 
cry of parties, are contemptuously rejected, and intolerance, relig- 
ious and political, finds zealous, and, it may be, they will prove 
successful, advocates in this middle of the nineteenth century, 
boasting, with much self-complacency, of its intelligence, and in 
this free country, founded upon emigration, and grown prosjDerous 
and powerful by toleration. It is a system of proscription which 
would exclude the first o;eneral who fell at the head of an organized 
American army — and nobly and gallantly did he fall, while fight- 
ing for our infant liberties, under the walls of Quebec — from all 
political confidence, because he happened to be born on the wrong 
side of the Atlantic; and would exclude, also, the last surviving 
signer of the Declaration of Independence from any similar token 
of regard, because he was a Catholic, wez*e these eminent leaders in 
our revolutionary cause now living to witness this appeal to local 
and sectarian prejudices. But Montgomery and Carroll went to 
their graves with the weight of no such ingratitude upon theii; 
hearts. Two great parties, equally attached to the principle of our 
government, but differing upon many questions of administration, 
and alternately borne to power and driven from it, and, whether in 
place or out of it, watching each other with jealous scrutiny, pre- 
sent a wise and fortunate arrangement for the preservation of 
49 



770 LIFE AND TIMES 

freedom, and for guarding against the abuse of authority. Such 
has been our condition, and well and wisely has its work been 
done. What more does this lately awakened zeal propose? As 
a country, we are in possession of everything the heart of man 
can desire — power, intelligence, prosperity, happiness, abundance, 
freedom, equality, the religion of God and the respect of man — 
all the elements, indeed, which give value to social life, or security 
for the dui-ation of political blessings. We want no new parties, 
no new platforms, no new organizations, and the sooner these 
dangerous efforts are abandoned, the better will it be for us and 
those who are to follow us in this heritage of freedom. 

"During the process of constructing a party upon this nar- 
row basis of exclusion, humbly aifecting to know nothing while 
proudly aspiring to direct everything, and, especially, of construct- 
ing one with principles of organization, not only secret in their 
operation, but seeking unity of action, not in individual conviction 
and responsibility, but in the surrender of the will of each to the 
demands of those who gain the direction of the associations — 
during this process the public mind must be in a state of feverish 
excitement unfriendly to calm deliberation ; and majorities, ac- 
quired by combinations arising out of this state of things, do not 
act under the ' fair and proper circumstances' which I declared in 
1850 to be indispensable to the obligatory force of legislative 
instructions." 

On the twenty-sixth of February, 1855, General Cass had the 
pleasure of presenting to Congress in the name of the family of 
the late General Robert Armstrong, the sword of General Jack- 
son. " I hold in my hand," said General Cass, " the sword of 
General Jackson, which he wore in all his expeditions while in 
the service of the country, and which was his faithful companion 
in his last and crowning victory when New Orleans was saved 
from the grasp of a rapacious and powerful enemy, and our nation 
from the disgrace and disaster which defeat would have brought 
in its train. When the hand of death was upon him. General 
Jackson presented this sword to his friend, the late General Arm- 
strong, as a testimonial of his high appreciation of the services, 
worth, and courage of that most estimable citizen and distin- 
guished soldier, whose desperate valor on one occasion stayed the 
tide of Indian success and saved the army from destruction. The 
family of the lamented depository, now that death has released 



OF LEWIS CASS. 771 

him from the guardianship of this treasure of patriotism, are de- 
sirous it should be surrendered to the custody of the national 
leojislature, believing that to be the proper disposition of a memo- 
rial which, in all times to come, will be a cherished one for the 
American people." 

And most fit was this final disposition of an invaluable 
souvenir. Beside the sword of Washington, and the cane of 
Franklin, another legacy of departed greatness, another weapon 
from the armory of patriotism, comes to claim its place in the 
sanctuary assigned to its predecessor, and to share with it the 
veneration of the country in whose defense it was wielded. 

"We have already observed that General Cass does not look with 
favor upon the political party known by the name of Know Noth- 
ing ; and the public announcement of his views upon this topic 
in his place in the Senate on the fifth of February, 1855, ought to 
have foreclosed all cavil with respect to them. Otherwise, how- 
ever, is the fact. A national convention of the order at Phila- 
delphia, in the spring of 1855, took grounds in its platform in 
favor of popular sovereignty in territorial legislation and govern- 
ment. Indeed, the convention recognized the correctness of the 
doctrine enunciated in the Nicholson letter ; and more for this 
reason than because of any pretense that the General approved of 
the political organization represented in that convention, the 
rumor soon became current that his sympathies, nevertheless, 
were in that direction. He paid no attention to it, however, until 
a letter appeared in the public prints, written by General Houston, 
of Texas, in which the statement was broadly made that General 
Cass approved of the platform of the American order, clearly 
intending to convey the impression that he favored that political 
party. Nothing was further from the truth. And more to put 
his own political record right, now near its end, than because of 
any particular interest which he might fancy the public to take in 
his private sentiments on this subject, especially as they had been 
referred to from such a distinguished source, he reiterated his 
matured views through the columns of the Detroit Free Press^ in 
the following letter: 

"Detroit, Aug. 22d, 1855. 

"To tlie Editor of the Detroit Free Press : 

" Sir — The public journals contain a letter dated July 2-ith, writ- 
ten by General Houston, which has just met my eye, and in which 



772 LIFE AND TIMES 

he snys he perceives by the papers of the day, that ' General 
Cass has approved the platform of the American order, as pro- 
claimed to the world by the convention at Philadelphia.' I had 
observed the statements to which General Honston alludes, and 
had let them pass unnoticed, for it would be a hopeless task to 
endeavor to correct all tlie misapprehensions and misrepresenta- 
tions to which it is my lot, as well as that of all other public men, 
to be exposed in these days of party strife; and, indeed, I could 
not sujDpose that such assertions would deceive any one who had 
heard or had read my remarks in the Senate of the United States, 
on the fifth of February last, upon the presentation of the resolu- 
tions of the legislature of Michigan, instructing the senators of 
that State to vote for an act of Congress prohibiting the introduc- 
tion of slavery into the Territories of the United States. Upon 
that occasion, while declining to comply with those instructions, 
I took the opportunity to exjjress my sentiments in relation to the 
new political movement which sought to acquire and exercise 
power by secret combinations, bound together by the sanctions of 
an oath, which, it is said, made it the duty of its members to sur- 
render their individual convictions to the expressed will of a 
majority of their associates. I then observed: ' Strange doctrines 
are abroad, and strange organizations are employed to promul- 
gate and enforce them. Our political history contains no such 
chapter in the progress of our country, as that which is now open- 
ing. The questions of constitutionality and policy, which have 
been so long the battle-cry of parties, are contemptuously rejected, 
and intolerance, religious and political, finds zealous, and it may 
be they will prove successful, advocates in this middle of the 
nineteenth century, boasting with much self-complacency of its 
intelligence, and in this free country, founded upon immigration 

and grown prosperous and powerful by toleration 

We want no new parties, no new platforms, no new 

organizations, and the sooner these dangei'ous eiforts are aban- 
doned, the better will it be for us and for those who are to follow 
us in this heritage of freedom.' 

" I might well suppose, after the expression of these views upon 
the floor of the Senate, and under circumstances of peculiar respon- 
sibility, that any further action on my part would be unnecessary 
to prove my consistency, as a disciple of the school of Washing- 
ton, and Jefierson, and Madison, and Jackson, in the rejection of 



OF LEWIS CASS. 773 

a dangerous innovation, inconsistent witli all the principles those 
patriots taught, and which, in effect, aims to transfer the great 
political duty of an American citizen from the light of day, where 
it should be exercised in this land of freedom, to secret conclaves, 
as unfriendly to calm investigation, as to wise and patriotic 
decision. But the extract from the letter of General Houston has 
shown me that these reports have received more credit than I had 
believed, and this consideration has induced me thus publicly to 
notice and to contradict them. My opinions, indeed, upon any 
subject are but of little consequence except to myself, but, if they 
are worth referring to, they are worth the trouble of making the 
reference a true one. 

" I have no sympathy with this plan of political organization — 
none whatever; neither with the means it employs, nor the objects 
it seeks to attain. Its secresy, its oath-bound obligations, its con- 
trol of the ballot-box, its system of proscription, striking both at 
political rights and religious duties, and its inevitable tendency 
to array one portion of the community against another, and to 
carry deadly feuds into every corner of the land, of which we have 
just had a terrible proof, written in characters of blood, and are 
doomed to have many more if this movement goes on, for this is 
but the first instalment of death, and how many others are to 
follow, and to what extent, and when the last is to be paid, and 
after what lamentable vicissitudes, is known only to Him who fore- 
sees events and can control them, — these characteristics mark it 
as the most dangerous scheme which has ever been introduced 
into our country to regulate its public action or its social condition. 
It is the Orangeism of a republic, scarcely better in principle than 
its monarchical prototype — of a republic whose freedom and 
equality justify as little as they invite the introduction of a 
machinery whose operation is concealed from public observation, 
but whose consequences are as clear as they are alarming. 

" General Houston gives credence to the report that I approve 
' the platform of the American order, as proclaimed to the world 
by the convention at Philadelphia.' I am aware that changes 
have been made, both in the name and in some of the principles 
of this new organization ; but these changes do not remove my 
objections to it. Its spirit of exclusion and intolerance remains, 
and with it, its evils and its dangers. It is a book to which I can 
not be reconciled, whatever, edition, whether the new one or the 



774 LIFE AND TIMES 

old one, is offered to me. There is, indeed, one principle laid down 
in that convention which meets my concurrence, and that is, the 
declaration that 'Congress ought not to legislate upon the subject 
of slavery within the territory of the United States,' I regret, 
however, that the body which has thus pronounced against the 
exercise of the power did not also pronounce against its existence, 
but careMlj pyeterniitied — to use its own words — the expres- 
sion of any opinion upon that point. Still, I approve its action 
upon the subject, so far as it goes. It is a step in the right di- 
rection, and I should rejoice to see it followed by every polit- 
ical party in our country. It is a step, too, towards the security 
of political rights — this opposition to the legislation of Con- 
gress over the internal affairs of the people of the Territories, 
and, among others, over the relation of master and servant, 
or that of husband and wife, or parent and child ; for these 
matters of domestic policy are subjects which should be left to 
the territorial communities, and to divest them of the power to 
regulate them, is an act of unmitigated despotism. The negation 
of all power of interference by Congress in the internal govern- 
ment of the Territories is the true constitutional doctrine, and the 
only safe and practicable one, and I am rejoiced that, after years 
of opposition — of obloquy, indeed — it is fast establishing itself 
upon impregnable grounds. 

"The misapprehension which has prevailed upon this grave 
subject is among the most extraordinary political events of my 
time. One would naturally suppose that in this country, the 
dogma of internal government by an irresponsible legislature over 
a distant community, unrepresented in the ruling body, would find 
but little favor, and that the power to establish and put in opera- 
tion a government might well be defended, while the power to 
control all the concerns of human life would be left without an 
advocate. The difference is broad and practical, and should be 
the dearer to us, as it was the very consideration urged by our 
Revolutionary fathers in their contest with the mother country, 
which began by argument, but ended by arms. It was asserted 
as early as 1774, when the Continental Congress declared that the 
English colonists ' are entitled to free and exclusive power of 
legislation in their several provincial legislatures, where their 
right of representation can alone be preserved, in all cases of tax- 
ation and internal polity, &c.' In that great struggle, the patriots 



OF LEWIS CASS. 775 

who conducted it conceded to the British Parliament the authority 
to organize colonial governments, but denied their right to touch 
the internal polity of the people. And for the support of that 
great principle, denied and derided as it is now, they went to war. 
" I observe that a highly respectable and intelligent gentleman, 
Governor Hunt, of New York, in a letter just published, speaks of 
the Nebraska bill as ' based on the absurd theory of territorial 
sovereignty.' I never heard a man support that measure or 
approve it for such a reason. Governor Hunt has mistaken the 
sneers of its enemies for the views of its friends. The Nebraska 
bill rests upon no such theory — upon no theory at all, but upon the 
stable foundation of the federal Constitution, and of the natural 
riDfhts of man. 

. "I know of no one who claims sovereignty for the Territories. 
All concede their dependence upon the United States. But 
■within this relation, there are mutual rights and duties, and the 
questions — what power may Congress lawfully exercise, and are 
the people of the Territories divested of all rights — must be de- 
termined, not by politico-metaphysical considerations, arising out 
of the attribute of sovereignty, but by the Constitution of the 
United States, — to the law, and to the testimony. By that Con- 
stitution, the general government is a government, not only of 
granted, but of limited powers, and Congress can exercise no 
authority which is not given by the great charter that brought it 
into existence. Let any man put his finger upon the clause of 
that instrument which confers tliis power of internal interference, 
and I will abandon the principle, long as it has been cherished 
by me. 

" I have never known the time when the Democratic party was 
called upon by higher considerations to adhere, faithfully and 
zealously, to their organization and their principles, than they 
are at this day. Our confederation is passing through the most 
severe trial that it has yet imdergone. Unceasing efforts are 
making to excite hostile and sectional feelings, against which we 
were prophetically warned by the Father of his Country, and if 
these are successful, the days of this Constitution are numbered. 
The continued assaults upon the south, upon its character, its 
constitutional rights, and its institutions, and the systematic per- 
severance and the bitter spirit with which these are pursued, 



776 LIFE AND TIMES 

while they warn the Democratic party of the danger, should also 
incite it to united and vigorous action. They warn it, too, that 
the time has come when all other difiereuces which may have 
divided it should give way to the duty of defending the Constitu- 
tion, and when that great party, coeval with the government, 
should be united as one man for the accomplishment of the work 
to which it is now called, and before it is too late. It is the 
American party, for it has neither sectional prejudices nor sec- 
tional preferences, and its care and its efforts extend wherever the 
Constitution of its country extends, with equal regard to the rights 
and interests of all. I believe the fate of this great republic is 
now in its hands, and so believing, I earneslly hope that its action 
will be firm, prompt, and united, yielding not one hair's breadth 
of its time honored principles, and resisting to the last the danger- 
ous efforts with which we are menaced; and, if so, the victory of 
the Constitution, I doubt not, will be achieved. 
" I am, sir, respectfully, 

" Your ob't ser't, 

"Lewis Cass." 



Another presidential canvass is fast approaching, and many 
persons in various sections of the republic still cling with heart- 
felt tenacity to General Cass, as the needed pilot to guide the ship 
of state over the tempestuous seas which the future political 
horizon indicates must befall it. But he seconds no such move- 
ment. His age warns him that he has done his duty to his 
country, and beckons him to relinquish the turmoil of public life 
for the quietude of a retired and happy home. 

He has received many letters soliciting the use of his name in 
the primary assemblages of the people, with the view of formally 
presenting it to the national nominating convention. To all these 
requests, he makes but one reply, and that is contained in the 
following correspondence, too explicit to require any further 
comment: 



"Philadelphia, Nov. 5th, 1855. 

"Hon. Lewis Cass — Sir: — As the time is fast approaching 
when it will be necessary for the Democratic party to select dele- 
gates to make their nominations for President and Vice-Presi- 
dent, and inasmuch as we, the undersigned, feel great interest in 



OF LEWIS CASS. TT7 

selecting the proj)er candidate for President, and believing you to 
be the most competent and most available candidate, and one 
that the people would take pride in electing if nominated, we 
therefore most respectfully ask you for an answer, in reply to our 
note, saying if you M'ill confer a favor on your friends and fellow- 
citizens. 

" Andrew J. Webstek, 

" And others." 

"Detroit, Nov. 23d, 1855. 

" Gentlemen — I have received your letter asking me if I am a 
candidate for the office of President of the United States, and ex- 
pressing the gratification it would give you to support me for that 
high station. 

" While thanking you for this manifestation of your kindness 
and confidence, of which I shall always preserve a grateful recol- 
lection, I reply that I am not a candidate for the Presidency, nor 
do I desire that my name should be presented in connection with 
it to the consideration of the Democratic party of the Union. 
" 1 am, gentlemen, 

" With great regard, 

" Truly yours, 

"Lewis Cass. 
"Andeew J. Webster, Esq., and others, Philadelphia." 

General Cass is now verging upon seventy-three years of age. 
Fifty years of his life have been passed in public position, and 
during three-fourths of that long period, as the reader of these 
pages has perceived, he has filled a large space in the political 
afiliirs of the world. Possessed naturally of a robust constitution, 
his physical energies have enabled him to endure the fatigues 
incident to activity and labor, and have enabled him to bear up 
under the most exhausting intellectual efiort. 

His habits are simple, his manners and disposition democratic; 
his style of living plain, but substantial ; and his residence not 
ostentatious, but elegant. Averse to idleness and dissipation, he 
is merry with his companions and strong in his friendship. He 
is remarkable for his affability to young persons ; and surrounded 
by them at his own table, lie can be as hilarious and happy as the 
gayest of them. Fond of his study, and pleased with his own 
reflections in retirement, he is not a recluse, but on all occasions 



778 LIFE AND TIMES 

Lis admirers, friends, and fellow-citizens, are welcome to his large 
and hospitable mansion, on the corner of Fort and Cass streets, 
in the prosperous and beautiful city of Detroit. General Cass is 
a member of the ancient fraternity of Free and Accepted Masons. 
He has repeatedly held the office of Grand Master. He believes 
the institution eminently useful in its quiet and gentle offerings 
of heartfelt philanthropy. Co-extensive with civilization, the 
order, in his judgment, is capable of doing great good to its mem- 
bers all over the globe. He has seen the sign of recognition, and 
felt the grip of friendship among the savages. He never regretted 
that he became a member. The aged— the sick— the unfortunate 
all find refreshment in the south, and reward in the west. 

In his daily walk he forgets not a companion of many years. 
She who was the partner of his inmost thoughts from early man- 
liood — Mrs. Elizabeth Cass — deceased March 6th, 1853, at her 
residence in Detroit. She had long been an invalid, and was 
ready to obey the summons of her Divine Master in Heaven. 
She was a lady of exemplary piety — of sweet and confiding dis- 
position — of the most unobtrusive deportment. None knew her 
but to love her, none spoke of her but to praise her. Her virtues 
are embalmed in the remembrance of her most affectionate 
survivor. 

General Cass passes his congressional vacations for the most 
part at home. Occasionally, he accepts an invitation to deliver 
an address. His invitations to do so are numerous. To a judi- 
ciously selected library, he makes constant additions from the 
numerous publications of the day. He delights to pass an hour 
or so, for recreation, most every day, in the perusal of romances, 
such as those of Scott, Cooper and Irving, and the like. In the 
enjoyment of excellent health, his mental powers still remain 
vigorous and active. Born during tbe war of independence, he 
is among the few, very few, surviving links which connect the 
men of the revolution with the present generation. Often, in early 
youth, did he converse with a venerable relative then at the 
extremity of a long life, who was a cotemporary of Peregrine 
"White— the first child born to the pilgrims after their arrival in 
America. He is among the few, very few, survivors who ever 
saw — much less conversed with — Washington. What an appal- 
lino- imace of the progress and destiny of this matchless federative 
empire, do these simple facts present 1 But one life passed away 



OF LEWIS CASS. 779 

between the first and latest born of one of its greatest commnni- ^ 
ties — between its infancy and maturity — between the oldest born 
of one great portion of the new race destined to occupy this hem- 
isphere, and the twenty-five millions of people who are now 
fulfilling that mighty mission, commenced in weakness but con- 
summated in power ! 

His private affairs are so arranged as to require but little of his 
personal attention. His property has grown with the country 
where he resides, and has now attained to a large estate. With 
no projects of ambition, pecuniary or political, to perplex or annoy 
him, in his venerable age he feels that the lines have fallen to 
him in pleasant places, and that he has a goodly heritage. 

He has, in the course of an eventful life, passed through many 
trying scenes. He has been a leading actor, with undisguised 
position and affirmative acts, in the great political questions of the 
age. His opinions and views are fully and unequivocally before 
the world. By them he has been willing to live ; and by them, 
in God's own good time, he is content to die. His great desire — 
so far as the hopes of earth are concerned — is that the blessings 
of a republican government may be enjoyed by his descendants 
to the most remote generation. 

He has as little personal interest in all these questions as any 
man, be the other wliom he may. Having passed the term of 
human existence assigned to man by the Psalmist — tliree score 
years and ten — he is warned that his hold upon life is frail and fleet- 
ing. Among the very few men now living — perhaps the only one 
— appointed to important civil offices by Mr. Jefferson, he prizes 
this testimonial of the confidence of that great man and pure states- 
man as one of the most precious memorials left to him. He feels 
that, for half a century, he has adhered to the political doctrines 
of the Father of Democracy, and done nothing to forfeit his confi- 
dence, were he yet living. 

During a long and active public career, he has received far 
more important proofs of the favor of his country than he ever 
expected; and to her service he has always carried the desire to 
do his duty. And now, when his aspirations for political distinc- 
tion are among the things that have been, if he can make no other 
return for all this kindness, he will make the return of fidelity, by 
an undeviating adhesion to those principles which have so long 
been the rule of his public conduct. 



7S0 LIFE AND TIMES 

With no griefs to assuage — no resentments to gratify — no pur- 
poses to attain but the great purposes of tlie Democratic party, 
closely interwoven, as it is, with the most prosperous government 
that the light of clay ever shown upon — his heart is filled with 
gratitude for what he has received, and not with regret because 
he has not received more. Animated by these sentiments, he will 
hold on to his party and its doctrines until his hold is broken by 
that final change which, sooner or later, comes to all. 

The example of his public career will, in future time, be referred 
to as an instructive lesson of wisdom ; the principles which have 
guided him are but the rules npon which he conducted the ad- 
ministration of all his duties as a citizen, expanded and applied 
to a more enlarged sphere of action. The purity and simplicity 
of his life have made a lasting impression on the minds of his 
countrymen, and contributed most essentially to elevate the stand- 
ard of political morality among the public men of his time. 

Sometimes the shadows of by-gone days pass over him, and he 
awakes as from a dream, asking himself, Is this great country, 
north of the Ohio and west of the lakes, teeming with life, liberty, 
and prosperity — is this the country he entered fifty years ago, shut 
out from the light of heaven by the primitive forests that covered 
it? Is this the country which then contained one Territory and 
now six States of the Union ; whose population then numbered a 
few thousands, and now five millions of people? and the great 
rivers, unsurpassed upon the face of the globe — mighty arteries, 
ready for all the varied intercourse of civilization ; mountains, 
rich in their mineral products, and emboweling the wealth of the 
earth; prairies and plains, still stretching onward, as boundless in 
their extent as in their fertility; and, over all, a climate mild, 
equable, and admirably adapted to the human constitution ; — are 
these the rivers he navigated, the mountains he climbed, the 
prairies and plains he traversed, when the silence of the land was 
unbroken by the cheerful hum of human industry, and its solitude 
uninterrupted but by the wandering Indian and the animals that 
administered to his wants — when a world of primitive gigantic 
veo-etation extended its sway across the country, and on to the 
distant shores of the Pacific, where the flag of our fathers and our 
own now waves in the breeze that is wafted from the far ofi" con- 
tinent of Asia! And the flourishing towns and populous cities — 
the seats of civilization and of commerce — could he there have 



OF LEWIS CASS. VSl 

often slept under wide-spreading trees, throwing their broad 
branches over a virgin soil ? And the railroad, does it follow the 
war-path, where he followed the Indian? And the church bell, 
which now summons a christian community to prayer and praise, 
how brief to him seems the interval since the loneliness was broken 
by the war-drum and the war-song! Truly, a better genius than 
him of Aladdin's lamp — the genius of industry and enterprise — 
is doing that mighty work whose ultimate issue it is not given to 
human sagacity to foretell. The events of ages elsewhere here 
seem to be compressed within the ordinary life of man. With no 
past — born but yesterday — we have grown to-day. We have no 
monuments far back in the haze of time — glorious in their ruins — 
telling the story of former magnificence in the very solitude that 
tells the story of present decay. 

Of Lewis Cass' earthly career yet to come, we can not better 
bring this work to a termination than by repeating his words to 
the Senate, a few days prior to its last adjournment: 

" For myself, sir, if Providence permit, I shall remain in the 
position I occupy during the residue of my term of service, unless, 
indeed, the Democracy of Michigan should require me to do what 
my convictions of duty would prohibit me from doing; in which 
event I should retire, without hesitation, to private life, where, 
indeed, I am sufficiently warned, by the years that have passed 
over me, I must soon retire, come what may. But, as my life 
draws towards its close, age, as it advances, instead of enfeebling, 
adds strength to my love of country, and continues to console me 
with bright hopes of her future power and stability." 



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